Attachment A - Draft Ordinance - Z-8-20-5
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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-8-20-5) FROM C-O (COMMERCIAL OFFICE) TO R-3A
(MULTIFAMILY RESIDENCE DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 3.24-acre property located approximately
220 feet north of the northeast corner of 23rd Avenue and West Royal Palm Road in a
portion of Section 36, Township 3 North, Range 2 East, as described more specifically
in Exhibit “A”, is hereby changed from “C-O” (Commercial Office) to “R-3A” (Multifamily
Residence District).
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.
For any subsequent phases of development beyond the adaptive reuse
of the building depicted on the site plan date stamped March 27, 2020,
the following stipulations shall apply, as approved or modified by the
Planning and Development Department:
a.
The stipulations contained in Stipulation Nos. 2 through 15 shall
also apply to any subsequent phases of development.
b.
All units adjacent to 23rd Avenue shall have an individual
pedestrian entrance oriented to the public street and be
connected to the public sidewalk by a direct pedestrian pathway.
c.
All units adjacent to 23rd Avenue shall have a porch or patio,
described as follows and as approved by the Planning and
Development Department:
i.
Porches shall have a minimum dimension of six feet in
depth by a width of no less than 50 percent of the total
unit; be oriented to the public right-of-way; have a unit
entrance; and have a direct pedestrian connection to the
public sidewalk.
ii.
Patios shall have a minimum dimension of eight feet in
depth by a width and a minimum size of 64 square feet; be
enclosed on each side by a low wall or fence not to exceed
36 inches in height; be oriented to the public right-of-way;
have a unit entrance; and have a direct pedestrian
connection to the public sidewalk.
d.
All garage doors shall be screened by buildings from the exterior
of the site and have decorative embellishments such as window
panels, color and added materials for the pillars surrounding the
door.
2.
All elevations of the buildings shall contain architectural embellishments
and detailing, such as textural changes, pilasters, offsets, recesses,
variation in window size and location, and/or overhang canopies.
3.
The public sidewalk along 23rd Avenue 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 consistent with a pedestrian environment.
a.
Large canopy, single-trunk shade trees shall be placed 25 feet on
center or in equivalent groupings. Twenty-five percent of the
required trees shall be a minimum 4-inch caliper and 75 percent
shall be a minimum 3-inch caliper.
b.
At tree maturity, the trees shall shade the sidewalk to a minimum
75 percent
c.
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.
4.
The developer shall provide a pedestrian thoroughfare between the
public sidewalk, and the required amenities contained in the first phase,
as described below and as approved by the Planning and Development
Department.
i.
A bollard light path or lighted art feature to accentuate the
entrance of the pedestrian thoroughfare from the intersection with
the public sidewalk.
ii.
The pedestrian thoroughfare shall be shaded to a minimum 75
percent by shade trees, vegetative trellis, and/or architectural
shade. Trees shall be a minimum 2-inch caliper.
iii.
A minimum 5-foot-wide landscape area shall be provided along
both sides of the pedestrian thoroughfare. In areas where the
pedestrian thoroughfare passes between buildings, the landscape
area may be reduced to 3 feet in width (or 6 feet on one side
only).
iv.
A maximum of two drive aisle crossings shall be permitted and
where crossings occur, the pathway shall be constructed to
visually contrasts with the parking and drive aisle surfaces.
5.
Surface parking shall be setback a minimum of 30-feet or screened 100
percent by buildings from 23rd Avenue, as approved by the Planning
and Development Department.
6.
Surface parking areas shall include the below, as approved by the
Planning and Development Department:
a.
A minimum 10 percent of the total surface parking and vehicular
circulation area shall be vegetated.
b.
Landscape planters located at the end of each row of parking and
approximately every 100 linear feet.
c.
Landscape planters shall be a minimum width of eight feet and a
minimum 120 square feet for a single row of parking, and a
minimum 240 square feet for a double row of parking.
d.
Landscape planters shall be planted with minimum five-gallon
drought tolerant shrubs to achieve 75 percent ground cover. If
trees are to be included, they shall be minimum 2-inch caliper
shade trees
7.
No solid perimeter wall greater than 36 inches in height, situated
between the plane of the buildings and the 23rd Avenue right of way,
shall be permitted.
8.
There shall be an average landscape setback of 25 feet measured from
the east property line with the minimum setback being 5 feet. The
landscape setback shall be planted with shade trees placed 20 feet on
center or in equivalent groupings with 25 percent of the trees being a
minimum 4-inch caliper and 75 percent being a minimum 3-inch caliper,
as approved by the Planning and Development Department.
9.
The developer shall incorporate bicycle infrastructure as described
below and as approved by the Planning and Development Department.
a.
A bicycle repair station (“fix it station”) shall be provided and be
maintained near the southern-most vehicular access in an area of
high visibility, convenient pedestrian access, and available from
the public sidewalk.
b.
“Secure/Covered Facilities” and/or “Outdoor/Covered Facilities”
shall be provided for residents at a rate of 0.25 spaces per
dwelling unit, up to a maximum of 50 spaces. Appropriate
facilities are defined in Appendix K or the Comprehensive Bicycle
Master Plan.
c.
Artistic style bicycle racks with capacity for a minimum of six
bicycles for guests shall be located near the primary entrance to
the building depicted on the site plan date stamped March 27,
2020. The artistic racks shall adhere to the City of Phoenix
Preferred Designs in Appendix K or the Comprehensive Bicycle
Master Plan, as approved by the Planning and Development
Department.
10.
A minimum of 10 percent of the gross project shall be retained as open
space, exclusive of required landscape setbacks, which shall be shaded
to a minimum 50 percent by minimum 2-inch caliper large canopy shade
trees, as approved by the Planning and Development Department.
11.
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.
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 2nd day of September
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-8-20-5
That certain real property situated in the State of Arizona, County of Maricopa,
described as follows:
Parcel No. 1
That part of Parcel 8, of LA MANCHA, according to the plat of record in the office of the
County Recorder of Maricopa County, Arizona, recorded in Book 193 of Maps, Page 19,
situated within the following described parcel:
A parcel of land situated in the South half of Section 36, Township 3 North, Range 2
East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, more
particularly described as follows:
COMMENCING at the South quarter corner of said Section 36;
proceeding thence North 00° 15' 45" East, 40.01 feet;
thence North 00° 16' 01" East, 344.12 feet to a point of curvature of a circular curve
concave Southeasterly having a radius of 500.00 feet and a central angle of 19° 29' 45";
thence along said curve, 170.13 feet to a point of tangency;
thence North 19° 45' 46" East 101.06 feet to a point of curvature of a circular curve
concave Westerly, said curve having a radius of 500.00 feet and a central angle of 45°
10' 45";
thence along said curve 257.72 feet to the TRUE POINT OF BEGINNING;
thence continuing along said curve 136.53 feet to a point of tangency;
thence North 25° 24' 59" West, 317.69 feet;
thence North 64° 35' 01" East, 30.00 feet to the Southwest corner of Parcel 4, of LA.
MANCHA, according to the plat of record in the office of the County Recorder of
Maricopa County, Arizona, recorded in Book 193 of Maps, Page 19;
thence South 89° 44' 15" East, 316.19 feet on the South line of Parcel 4 to the
Southeast corner of said Parcel 4;
thence continuing South 89° 44' 15" East, 23.81 feet record (23.84 feet measured);
thence South 25° 24' 50" East, 100.00 feet;
thence South 09° 38' 26" East, 171.82 feet;
thence South 08° 27' 27" East, 111.35 feet;
thence South 22° 07' 25" West, 76.57 feet;
thence North 85° 20' 13" West 220.00 feet;
thence South 80° 13' 43" West 30.00 feet to the TRUE POINT OF BEGINNING.
Parcel No. 2:
A drainage easement as created in 83-396800, of Official Records, situated in the South
half of Section 36, Township 3 North, Range 2 East of the Gila and Salt River Base and
Meridian, Maricopa County, Arizona, more particularly described as follows:
COMMENCING at the South quarter corner of said Section 36;
thence North 00° 15' 43" East, 40.01 feet, along the center line of 23rd A venue as
depicted on the plat of LA MANCHA, as recorded in Book 193 of Maps, Page 19,
records of Maricopa County, Arizona;
thence North 00° 16' 01" East, 344.12 feet to a point of curvature of a circular curve
concave Southeasterly, said curve having a radius of 500.00 feet and a central angle of
19° 29' 45";
thence along said curve 170.13 feet to a point of tangency;
thence North 19° 45' 46" East, along said tangent, 101.06 feet to a point of curvature of
a circular curve concave Westerly, said curve having a radius of 500.00 feet and a
central angle of 45° 10' 45";
thence along said curve 257.72 feet;
thence North 80° 13' 43" East, 30.00 feet, along a radial line;
thence along the South line of the parcel recorded in 83-353389, of Official Records,
records of Maricopa County, Arizona, South 85° 20' 13" East, 220.00 feet to the TRUE
POINT OF BEGINNING;
thence South 04° 39' 47" West, 3.50 feet;
thence South 85° 20' 13" East, 131.89 feet;
thence North 04° 39' 47" East, 12.00 feet;
thence North 85° 20' 13" West, 128.11 feet;
thence South 22° 07' 25" East, 8.91 feet to the TRUE POINT OF BEGINNING.