Attachment A - Draft Ordinance - Z-81-24-7.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 ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-81-24-7) FROM R1-8 (SINGLE-FAMILY
RESIDENCE DISTRICT) TO C-2 (INTERMEDIATE
COMMERCIAL) AND C-2 HGT/WVR DNS/WVR (INTERMEDIATE
COMMERCIAL, HEIGHT WAIVER, DENSITY WAIVER).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 19.46-acre site located at the northeast
corner of 91st Avenue and Broadway Road in a portion of Section 22, Township 1
North, Range 1 East, as described more specifically in Exhibit “A,” is hereby changed
from “R1-8” (Single-Family Residence District) to 5.64 acres of “C-2” (Intermediate
Commercial) and 13.82 acres of “C-2 HGT/WVR DNS/WVR” (Intermediate Commercial,
Height Waiver, 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:
Overall Development
1.
The development shall conform with the Estrella Village Arterial Street
Landscaping Program landscape palette and landscaping standards along
arterial streets in the Estrella Village, except as otherwise noted herein, as
approved by the Planning and Development Department.
2.
Where pedestrian walkways cross a vehicular path, the pathway shall be
constructed of decorative pavers, stamped or colored concrete, striped, or
other pavement treatments that visually contrasts parking and drive aisle
surfaces, as approved by the Planning and Development Department.
3.
A minimum of three pedestrian connections shall be provided between the
multifamily and commercial development, as approved by the Planning and
Development Department.
4.
A minimum of 10% of the required shrubs, shall be a milkweed or other native
nectar species, and shall be planted in groups of three or more, as approved
by the Planning and Development Department.
5.
Only landscape materials listed in the Phoenix Active Management Area Low-
Water-Use/Drought-Tolerant Plant List shall be utilized on site, as approved or
modified by the Planning and Development Department.
6.
Landscaping shall be maintained by permanent and automatic/water efficient
WaterSense labeled irrigation controllers (or similar smart controller) to
minimize maintenance and irrigation water consumption for all on and offsite
landscape irrigation.
7.
Pressure regulating sprinkler heads and/or drip lines shall be utilized in any turf
areas to reduce water waste.
8.
A minimum of 25% of the surface parking areas shall be shaded, as approved
by the Planning and Development Department. Shade may be achieved by
structures or by minimum 2-inch caliper, drought tolerant, shade trees, or a
combination thereof.
9.
A minimum of two green stormwater infrastructure (GSI) elements for
stormwater management shall be implemented, as approved or modified by the
Planning and Development and/or Street Transportation departments. This
includes but is not limited to stormwater harvesting basins, bioswales,
permeable pavement, etc., per the Greater Phoenix Metro Green Infrastructure
and Low Impact Development Details for Alternative Stormwater Management.
10.
A minimum 55-foot right-of-way shall be dedicated for a modified flared
intersection at the east side of 91st Avenue at the Broadway Road intersection.
Additional dedications to accommodate the intersection flare may be required,
as approved by the Street Transportation Department. The improvements
shall be consistent with the Arterial CM cross section including a minimum 6-
foot-wide detached sidewalk separated by a minimum 10-foot-wide landscape
strip located between the back of curb and sidewalk.
11.
A 20-foot-wide multi-use trail easement (MUTE) shall be dedicated along
Broadway Road and a minimum 10-foot-wide multi-use trail (MUT) shall be
constructed within the easement in accordance with the MAG supplemental
detail and as approved or modified by the Planning and Development
Department.
12.
A total of 55-feet of right-of-way shall be dedicated to Maricopa County for the
north half of Broadway Road, or as otherwise approved by the Maricopa
County Department of Transportation.
13.
All street improvements to Broadway Road are outside of Phoenix City Limits
and shall be reviewed and approved by Maricopa County. Documentation of
the county review and approval shall be provided prior to preliminary site plan
approval.
14.
A traffic signal shall be installed at the 91st Avenue and Broadway Road
intersection during the first phase of development. The developer shall fund
100% of the cost and construct the traffic signal to an interim design, as
approved by the Street Transportation Department. If the signal is installed by
others, the development shall be responsible for 100% of the cost for signal
relocation and/or modifications.
15.
All existing or relocated electrical utilities, 12 kv or smaller, within the 91st
Avenue right-of-way shall be undergrounded, adjacent to the development, or
as otherwise approved by the Street Transportation Department. The
developer shall coordinate with the affected utility companies for their review
and permitting.
16.
Existing SRP facilities within the 91st Avenue and Broadway Road right-of-way
are to be relocated outside of City right-of-way, unless otherwise approved by
the Street Transportation Department. Relocations that require additional
dedications or land transfer require completion prior to obtaining plat and/or
civil plan review approval.
17.
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.
18.
The developer shall construct a bus pad that conforms with City of Phoenix
Standard Detail P1260 on northbound 91st Avenue, north of Broadway Road.
The pad shall be located from the intersection following the standards
established in P1258.
19.
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.
20.
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.
Multifamily Development as depicted on the site plan date stamped July 30,
2024
21.
The maximum building height shall not exceed 30 feet. If 100 percent of the
housing units are provided as affordable housing, the maximum height shall be
40 feet.
a.
The applicant shall submit a copy of the draft Declaration of Affirmative
Land Use and Restrictive Covenants agreement (LURA), for review and
verification by the Phoenix Housing Department, prior to or in
conjunction with Preliminary Site Plan Approval.
b.
The applicant shall submit a copy of the Determination of Qualification of
Tax Credits issued by the Arizona Department of Housing, or other
documentation of low-income housing tax credit allocation, prior to or in
conjunction with Final Site Plan Approval.
c.
The applicant shall submit a copy of the recorded Declaration of
Affirmative Land Use and Restrictive Covenants agreement (LURA), as
approved by the Arizona Department of Housing, to the Planning and
Development Department.
22.
The maximum building height shall be 2 stories or 30 feet for Building Type 4
(2 stories, 24 units) and units fronting the north property line of Building Type 2
(22 units), as depicted on the site plan date stamped July 30, 2024.
23.
The R-4 Planned Residential Development Option shall be utilized for the
development.
24.
The entry drives shall incorporate landscaping on both sides, planted with a
variety of at least three plant materials, as approved by the Planning and
Development Department.
25.
The north landscape setback shall be planted with evergreen trees, as
approved by the Planning and Development Department.
26.
A minimum of 10% of the gross site area shall be retained as open space.
27.
All pedestrian walkways, including sidewalks, shall be shaded by a structure,
landscaping, or a combination of the two to provide a minimum of 75% shade,
as approved by the Planning and Development Department.
28.
The development shall incorporate bicycle infrastructure as described below
and approved by the Planning and Development Department.
a.
The developer shall provide secure bicycle parking per Section 1307 of
the Zoning Ordinance.
b.
Guest bicycle parking shall be provided at a minimum rate of 0.05
spaces per unit, up to a maximum of 50 spaces. Parking spaces shall be
provided through Inverted U and/or artistic racks located near the
community center and/or clubhouse and open space areas, and
installed per the requirements of Section 1307.H. of the Phoenix Zoning
Ordinance. Artistic racks shall adhere to the City of Phoenix Preferred
Designs in Appendix K of the Comprehensive Bicycle Master Plan.
c.
A bicycle repair station (“fix it station”) shall be provided and maintained
on site within an amenity area or near a primary site entrance, and
separated from vehicular maneuvering areas, where applicable. The
repair station shall include, but not be limited to standard repair tools
affixed to the station, a tire gauge and pump affixed to the base of the
station or the ground, and a bicycle repair stand which allows pedals
and wheels to spin freely while making adjustments to the bike.
d.
Bicycle parking spaces shall be shaded by a structure, landscaping, or a
combination of the two to provide a minimum of 75% shade, as
approved by the Planning and Development Department.
e.
A minimum of 10% of the required bicycle parking spaces shall be
include standard electrical receptacles for electric bicycle charging
capabilities.
29.
A minimum of 5% of the required vehicle parking spaces shall include EV
Installed infrastructure. A minimum of 10% of the required vehicle parking
spaces shall include EV Capable spaces.
30.
Prior to final site plan approval, documentation shall be provided that
demonstrates a commitment to participate in the Water Efficiency Checkup for
a minimum of 10 years, or as approved by the Planning and Development
Department.
31.
Landscape areas shall be planted with minimum 2-inch caliper, large canopy,
drought-tolerant, shade trees planted 25 feet on center, or in equivalent
groupings, as approved by the Planning and Development Department.
32.
Prior to certificate of occupancy, signage shall be posted within the
development’s sales/leasing office (or equivalent signage) that is visible to
prospective renters or purchases, and which discloses the proximity and
existence of nearby existing dairy farms and animal privilege private properties
that may cause adverse noise, odors, dust, and other externalities, as
approved by Planning and Development Department.
Commercial Development as depicted on the site plan date stamped July 30,
2024.
33.
The conceptual site plan and elevations for the future commercial development
as depicted on the site plan date stamped July 30, 2024, shall be reviewed and
approved by the Planning Hearing Officer through the public hearing process
for stipulation modifications 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. The site plan shall incorporate
the following elements:
a.
Accessible pedestrian pathways that connect building entrances and the
public bus pad using the most direct route for pedestrians.
b.
Pedestrian connections between adjacent commercial developments (if
developed across multiple phases).
34.
The development shall incorporate bicycle infrastructure as described below
and approved by the Planning and Development Department
a.
Bicycle parking spaces shall be provided per the requirements of
Section 1307.H of the Phoenix Zoning Ordinance through inverted U
and/or artistic racks located near the building entrances and installed per
the requirements of Section 1307.H of the Phoenix Zoning Ordinance.
Artistic racks shall adhere to the City of Phoenix Preferred Designs in
Appendix K of the Comprehensive Bicycle Master Plan.
b.
A minimum of 5% of the required bicycle parking spaces shall include
standard electrical receptables for electric bicycle charging capabilities.
35.
A minimum of 10% of the required vehicle parking spaces shall include EV
Ready infrastructure and a minimum of 5% shall include EV Capable
infrastructure.
36.
Prior to final site plan approval, documentation shall be provided that
demonstrates a commitment to participate in the City of Phoenix Businesses
Water Efficiency Program for a minimum of 10 years, or as approved by the
Planning and Development Department.
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 October,
2024.
________________________________
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 (1 Pages)
B – Ordinance Location Map (1 Page)
EXHIBIT A
LEGAL DESCRIPTION FOR Z-81-24-7
Commercial Portion (C-2)
Located in the Southwest Quarter of Section 22, Township 1 North, Range 1 East, Gila
and Salt River Meridian, Maricopa County, Arizona.
Beginning at the Southwest corner of said Section 22;
Thence North 01°34'12" West, along the West line of said Southwest Quarter, a
distance of 874.09 feet;
Thence departing said West line, North 88°25'48" East, a distance of 295.00 feet;
Thence South 01°34'12" East, a distance of 844.14 feet to the South line of said
Southwest Quarter;
Thence South 82°38'04" West, along said South line, a distance of 296.52 feet to the
Point of Beginning.
Containing 253,438.75 square feet or 5.82 acres, more or less.
Multifamily Portion (C-2 HGT/WVR DNS/WVR)
Located in the Southwest Quarter of Section 22, Township 1 North, Range 1 East, Gila
and Salt River Meridian, Maricopa County, Arizona.
Commencing at the Southwest corner of said Section 22;
Thence North 82°38'04" East, along the South line of said Southwest Quarter, a
distance of 296.52 feet to the Point of Beginning;
Thence departing said South line, North 01°34'12" West, a distance of 844.14 feet;
Thence South 88°25'48" West, a distance of 295.00 feet to the West line of said
Southwest Quarter; Thence North 01°34'12" West, along said West line, a distance of
443.21 feet;
Thence departing said West line, North 83°00'43" East, a distance of 656.92 feet;
Thence South 01°37'15" East, a distance of 1,312.83 feet to the South line of said
Southwest Quarter;
Thence South 82°38'04" West, along said line, a distance of 362.00 feet to the Point of
Beginning. Containing 607,389.91 square feet or 13.94 acres, more or less.