Attachment A - Draft Ordinance - Z-110-23-5.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-110-23-5) FROM C-2 (INTERMEDIATE
COMMERCIAL DISTRICT) TO WU CODE T5:5 (WALKABLE
URBAN CODE, TRANSECT 5:5 DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 0.82 acre site located approximately 310 feet
north and 280 feet west of the northwest corner of 19th Drive and Northern Avenue in a
portion of Section 36, Township 3 North, Range 2 East, as described more specifically
in Exhibit “A,” is hereby changed from “C-2” (Intermediate Commercial District) to “WU
Code T5:5” (Walkable Urban Code, Transect 5:5 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.
The maximum building height shall not exceed 48 feet. If the following
conditions are met, the maximum height shall be 56 feet. The conditions must
be met prior to or in conjunction with the Final Site Plan Review.
a.
A minimum of 50 percent of the housing units are dedicated for long-
term affordability, as approved by the Phoenix Housing Department.
b.
The applicant shall submit a copy of the draft Declaration of Affirmative
Land Use and Restrictive Covenants agreement (LURA), for review and
approval by the Phoenix Housing Department.
c.
The applicant shall submit a copy of the Proforma, for review and
approval by the Phoenix Housing Department.
2.
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 10 percent of the provided bicycle parking spaces shall
include standard electrical receptacles for electric bicycle charging
capabilities.
3.
A minimum of 10 percent of the required parking spaces shall include EV-
Capable infrastructure.
4.
A public pedestrian accessway shall be provided from the western to the
eastern extent of the site and connecting to the shared circulation areas. The
public pedestrian accessway shall comply with Section 1304.H of the Phoenix
Zoning Ordinance.
5.
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.
6.
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.
7.
Site lighting shall be provided at building entrances/exits, and in public
assembly and parking areas, as approved by the Planning and Development
Department.
8.
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.
9.
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 6th day of March,
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 Z-110-23-5
WITHIN A PORTION OF SECTION 36, TOWNSHIP 3 NORTH, RANGE 2 EAST OF
THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY,
ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Parcel 1 Lot 5, of EL CARO 19TH & NORTHERN, ACCORDING TO THE PLAT OF
RECORD IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY,
ARIZONA RECORDED IN BOOK 1119 OF MAPS, PAGE 5.
ALONG THE SOUTH LINE SOUTHEAST QUARTER SECTION 36, T.3N., R.2E.
N89’57”32’W(R&M)(BASIS OF BEARINGS) 26.36.39(M), 784.08’
STARTING FROM SOUTHEAST CORNER SECTION 36, T.3.N., R.2E, FOUND IRON
BAR IN MANHOLE, 534.78’