Attachment A - Draft Ordinance - Z-7-25-3.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-7-25-3) FROM C-1 (NEIGHBORHOOD
RETAIL), C-2 (INTERMEDIATE COMMERCIAL), AND C-2 SP
(INTERMEDIATE COMMERCIAL, SPECIAL PERMIT) TO WU
CODE T5:5 (WALKABLE URBAN CODE, TRANSECT 5:5).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 12.37-acre site located on the southwest
corner of 19th Avenue and Dunlap Avenue in a portion of Section 36, Township 3 North,
Range 2 East, as described more specifically in Exhibit “A,” is hereby changed from
2.44 acres of “C-1” (Neighborhood Retail), 9.90 acres of “C-2” (Intermediate
Commercial), and 0.03-acres of “C-2 SP” (Intermediate Commercial, Special Permit) to
“WU Code T5:5” (Walkable Urban Code, Transect T5:5).
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 site plan and elevations shall be presented for review and comment to the
North Mountain Village Planning Committee prior to preliminary site plan
approval.
2.
The frontage adjacent to Plaza19 and the light rail station shall be treated as a
Primary Frontage in accordance with Section 1303.A.6 of the Phoenix Zoning
Ordinance.
3.
The northern edge of the site, along the light rail station and Plaza19, shall be
treated as street frontage and building setbacks/build-to dimensions shall be
measured from the back of any easements (public utilities, public pedestrian
access, maintenance, etc.), as approved by the Planning and Development
Department.
4.
Development adjacent to the northeast corner of the site (Plaza19 and light rail
station) shall contain a vertical mix of land uses such as residential and non-
residential uses, as approved by the Planning and Development Department. A
minimum of 5,000 square feet of non-residential uses shall be provided and
shall not include lobby, exercise, reception areas or other similar uses intended
for exclusive use by residents.
5.
The maximum building height shall not exceed 48 feet, except that the
maximum building height may be increased to 56 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.
6.
The following bicycle infrastructure shall be provided, and as approved by the
Planning and Development Department.
a.
All required bicycle parking for multifamily use, per Section 1307.H.6.d
of the Phoenix Zoning Ordinance, shall be secured parking.
b.
Guest bicycle parking for multifamily residential use shall be provided
at a minimum of 0.05 spaces per unit spaces near entrances of
buildings and installed per the requirements of Section 1307.H of the
Phoenix Zoning Ordinance.
c.
A bicycle repair station (“fix it station”) shall be provided and
maintained in an area of high visibility, in close proximity to the Light
Rail station, and separated from vehicular maneuvering areas, where
applicable. The repair station shall include, but not be limited to:
i.
Standard repair tools affixed to the station;
ii.
A tire gauge and pump affixed to the base of the station or the
ground;
iii.
A bicycle repair stand which allows pedals and wheels to spin
freely while making adjustments to the bike.
d.
Standard electrical receptacles shall be installed for a minimum of 10
percent of the required bicycle parking spaces for electric bicycle
charging capabilities.
7.
A minimum of 5% EV Installed infrastructure shall be provided for the required
number of residential vehicle parking spaces, whether surface or structured, as
approved by the Planning and Development Department:
8.
If public parking is provided, a minimum of 5% of the parking provided shall be
EV Installed.
9.
The bus pad on southbound 19th Avenue south of Dunlap Avenue shall be
retained, as approved by the Planning and Development Department.
10.
A vehicular and pedestrian circulation plan shall be submitted to the Street
Transportation Department and the Planning and Development Department for
approval before applying for preliminary site plan review. The circulation plan
shall incorporate the Community Vision Themes, Urban Principles and
Strategies established in the 19 North Transit Oriented Development Plan and
demonstrate the following:
a.
Routes for vehicles and pedestrians shall be designed to ensure
seamless and safe movement for pedestrians, with pedestrian safety and
accessibility taking priority.
b.
A shaded, pedestrian-only paseo, providing public access and a direct
connection from the adjacent land uses through the site to the transit
facility, key internal destinations, and common open spaces.
c.
Designated areas for vehicle loading, pick-up, and drop-off.
d.
Proposed measures to mitigate potential conflicts between vehicles and
pedestrians, both within and adjacent to the site.
e.
Bicycle parking and fix-it station/s focused primarily adjacent to the public
right-of-way to promote multi-modal transportation in conjunction with
secure internal bike parking facilities for residents, employees, and
guests.
11.
Vehicular access points shall be restricted to a maximum of one on 19th
Avenue and a maximum of two on Dunlap Avenue.
12.
A minimum 14-foot-wide vehicular access easement shall be provided for future
shared access onto Dunlap Road along the western property line to access
properties to the south and west.
13.
The existing sidewalk along 19th Avenue shall be detached with a minimum 6-
foot-wide sidewalk and a minimum 10-foot-wide landscape area between back
of curb and sidewalk and shaded to a minimum of 75% tree shade coverage.
14.
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 comply current ADA guidelines.
15.
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.
16.
Natural turf shall only be utilized for required retention areas (at the bottom of
the basin, and only allowed on slopes if required for slope stabilization), and
functional turf areas, as approved by the Planning and Development
Department.
17.
A minimum of 25% of any surface parking areas shall be shaded, as approved
by the Planning and Development Department. Shade may be achieved by
structures or by minimum two-inch caliper, drought tolerant, shade trees, or a
combination thereof.
18.
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.
19.
Prior to final site plan approval, documentation shall be provided that
demonstrates a commitment to participate in the Phoenix Water Efficiency
Checkup Program for a minimum of 10 years, or as approved by the Planning
and Development Department.
20.
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.
21.
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.
22.
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 2nd day of July, 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 (1 Page)
B – Ordinance Location Map (1 Page)
EXHIBIT A
LEGAL DESCRIPTION FOR Z-7-25-3
That portion of the East half of the Northeast quarter of Section 36, Township 3 North,
Range 2 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona,
described as follows:
Commencing at the Northwest corner of the Northeast quarter of the Northeast quarter
of Section 36;
Thence along the Westerly line of the East half of the Northeast quarter of Section 36,
South 00 degrees 20 minutes 07 seconds West, 40.00 feet to the True Point of
Beginning;
Thence continuing along the Westerly line of the East half of the Northeast quarter of
Section 36, South 00 degrees 20 minutes 07 seconds West, 152.00 feet;
Thence leaving said Westerly line North 89 degrees 34 minutes 12 seconds East,
224.00 feet;
Thence North 00 degrees 20 minutes 07 seconds East, 152.00 feet to a point on the
Southerly right of way of Dunlap Avenue;
Thence along the Southerly right of way line of Dunlap Avenue South 89 degrees 34
minutes 12 seconds West, 224.00 feet to the True Point of Beginning.
And a parcel of land consisting of the property described in the Warranty Deed recorded
in Document No. 2014-0648430, and Lots 1 and 2 as shown on the final plat for
REGIONAL DUNLAP/19TH PARK AND RIDE according to the plat of record in the
office of the County Recorder of Maricopa County, Arizona, in Book 1268 of Maps at
page 45;
EXCEPT the right of way conveyed in Document No. 1986-0550275 and accepted by
City of Phoenix Ordinance No. S-16731, recorded in Document No, 1986-0550264 all
the above recordings in the office of the County Recorder of Maricopa County, Arizona.