Attachment A - Draft Ordinance - Z-5-24-1.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 (Z-5-24-1) FROM C-O (COMMECIAL OFFICE) TO C-2
(INTERMEDIATE COMMERCIAL)
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 1.69-acre site located at the northeast corner
of 43rd Avenue and Thunderbird Road in a portion of Section 10, Township 3 North,
Range 2 East, as described more specifically in Exhibit “A,” is hereby changed from
“C-O” (Commercial Office) to “C-2” (Intermediate Commercial).
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.
A minimum 65-foot building setback shall be provided along the north
perimeter of the site.
2.
A minimum 50-foot building setback shall be provided along the east perimeter
of the site.
3.
The developer shall provide evidence of undertaking reasonable efforts to work
with the adjacent Homeowners Association to the north and east, to provide
direct pedestrian access between the two developments, as approved by the
Planning and Development Department.
4.
Where pedestrian walkways cross a vehicular path, the pathway shall be
constructed of decorative pavers, stamped or colored concrete, or other
pavement treatments that visually contrasts parking and drive aisle surfaces,
as approved by the Planning and Development Department.
5.
All pedestrian walkways 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.
6.
All uncovered surface parking lot areas shall be landscaped with minimum 2-
inch caliper drought-tolerant shade trees. Landscaping shall be dispersed
throughout the parking area and achieve 25% shade, as approved by Planning
and Development Department.
7.
A minimum of 10 percent of the required parking spaces shall include EV ready
infrastructure.
8.
A minimum of one of the required bicycle parking spaces shall include standard
electrical receptacles for electric bicycle charging capabilities, as approved by
the Planning and Development Department
9.
A minimum of four bicycle parking spaces shall be provided through Inverted U
and/or artistic racks located near building entrances and installed per the
requirements of Section 1307.H. of the Phoenix Zoning Ordinance, as
approved by the Planning and Development Department. Artistic racks shall
adhere to the City of Phoenix Preferred Designs in Appendix K of the
Comprehensive Bicycle Master Plan.
10.
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.
11.
A minimum of two green infrastructure (GI) techniques for stormwater
management 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
Department.
12.
Commercial landscaping and common areas shall be maintained by permanent
and automatic/water efficient WaterSense labeled irrigation controllers (Smart
Controller) to minimize maintenance and irrigation water consumption for all on
and offsite landscape irrigation.
13.
Provide a landscape irrigation plan that includes zones to establish the amount
of irrigation to apply based on maturity and type of the landscaping. Irrigation
should be applied efficiently based on the maturity and need for the vegetation.
14.
Only landscape materials listed in the Phoenix Active Management Area Low-
Water-Use/Drought-Tolerant Plant List shall be utilized, as approved or
modified by the Planning and Development Department.
15.
The sidewalk along 43rd Avenue shall be a minimum of six feet in width and
detached with a minimum ten-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, drought-tolerant
shade trees planted 20 feet on center, or in equivalent groupings, that
provide shade to a minimum 50 percent.
b.
Drought tolerant vegetation to achieve a minimum of 75 percent live
coverage.
16.
The sidewalk along Thunderbird Road shall be a minimum of six feet in width
and detached with a minimum ten-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, drought-tolerant
shade trees planted 20 feet on center, or in equivalent groupings, that
provide shade to a minimum 50 percent.
b.
Drought tolerant vegetation to achieve a minimum of 75 percent live
coverage.
17.
The existing driveway on 43rd Avenue shall be restricted to right-in/right-out
only, or shall be restricted by the construction of a raised median in 43rd
Avenue, from Thunderbird Road to the northern limits of the subject property.
18.
The existing driveway on Thunderbird Road shall be reconstructed to comply
with ADA standards.
19.
A minimum 65 feet of right-of-way shall be dedicated for the north half of
Thunderbird Road.
20.
Replace unused driveways with sidewalk, curb, and gutter. Also, replace any
broken or out-of-grade curb, gutter, sidewalk, curb ramps on all streets and
upgrade all off-site improvements to be in compliance with current ADA
guidelines.
21.
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.
22.
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.
23.
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.
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 1st day of May, 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 Page)
B – Ordinance Location Map (1 Page)
EXHIBIT A
LEGAL DESCRIPTION
For APN/Parcel ID(s): 207-12-001A and 207-12-776
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF
MARICOPA, STATE OF ARIZONA AND IS DESCRIBD AS FOLLOWS:
Parcel No. 1:
That part of the Southwest quarter of the Southwest quarter of Section 10, Township 3
North, Range 2 East of the Gila and Salt River Base and Meridian, Maricopa County,
Arizona, described as follows:
BEGINNING at a point of the Southwest corner of Section 10;
Thence North along the West line of Section 10, 0˚ 24’5” East, 240 feet to a point;
Thence North 89˚ 43’ 35” East, 240 feet;
Thence South 0˚ 24’ 05” West, 240 feet to a point, said point being 240 feet East of the
Southwest corner of Section 10;
Thence South 89˚ 43’ 35” West, 240 feet to the point of beginning;
EXCEPT any portion thereof lying within Subdivision of THE COLONY THUNDERBIRD,
according to Book 165 of Maps, page 49, records of Maricopa County, Arizona; AND
EXCEPT any portion thereof conveyed recorded in Docket 14454, page 381;
EXCEPT any portion thereof conveyed recorded in Recording No. 1988-341991.
Parcel No. 2:
The South 250 feet of the West 295 feet (as measured along the West and South
Section lines) of the Southwest quarter of Section 10, Township 3 North, Range 2 East
of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, The East line
being common to the most Westerly South line of April Sound, according to Book 226 of
Maps, page 18, records of Maricopa County, Arizona;
EXCEPT The South 240 feet of the West 240 feet; and
EXCEPT The South 60 feet; and
EXCEPT The West 55 feet; and
EXCEPT any portion thereof conveyed recorded in Recording No. 1988-341991.