Attachment A - Draft Ordinance - Z-57-22-4.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-57-22-4) FROM C-2 (INTERMEDIATE COMMERCIAL)
AND R1-6 (APPROVED P-1) (SINGLE-FAMILY RESIDENCE
DISTRICT, APPROVED PASSENGER-AUTOMOBILE PARKING,
LIMITED) TO C-2 (INTERMEDIATE COMMERCIAL) AND R-3
(MULTIFAMILY RESIDENCE DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 0.91 acre site located at the southeast
corner of 7th Street and Whitton Avenue, in a portion of Section 28, Township 2 North,
and Range 3 East, as described more specifically in Exhibit “A”, is hereby changed from
0.76-acres of “C-2” (Intermediate Commercial) and 0.15-acres of “R1-6” (Approved P-1)
(Single-Family Residence District, Approved Passenger-Automobile Parking, Limited) to
0.76-acres of “C-2” (Intermediate Commercial) and 0.15-acres of “R-3” (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.
The public sidewalk along 7th Street shall be constructed to a width of 5 feet
and detached from the back of curb by a minimum 11-foot-wide landscape
area 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 the creation of a comfortable pedestrian environment.
a.
Minimum 3-inch caliper, large canopy, single-trunk, shade trees shall be
placed 25 feet on center or in equivalent groupings.
b.
At tree maturity, the trees shall shade the sidewalks to a minimum 75
percent.
c.
Drought tolerant shrubs and vegetative groundcovers shall be
maintained at maximum height of 24 inches to provide a minimum of 75
percent live coverage at maturity.
2.
The developer shall dedicate a 10-foot-wide sidewalk easement for the east
side of 7th Street along the subject site’s frontage, as approved by the
Planning and Development Department.
3.
The public sidewalk along Whitton Avenue shall be constructed to a width of 5
feet and detached from the back of curb by a minimum 5-foot-wide landscape
area located between the sidewalk 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 the creation of a
comfortable pedestrian environment.
a.
Large canopy, single-trunk, shade trees shall be placed 25 feet on
center or in equivalent groupings. Fifty percent of the required trees
shall be a minimum 3-inch caliper and 50 percent shall be a minimum
2-inch caliper.
b.
At tree maturity, the trees shall shade the sidewalks to a minimum 75
percent.
c.
Drought tolerant shrubs and vegetative groundcovers shall be
maintained at a maximum height of 24 inches to provide a minimum of
75 percent live coverage at maturity.
4.
The development shall be limited to 15 feet in height within 30 feet of the east
property line where adjacent to a residential zoning district, as approved by the
Planning and Development Department.
5.
All building elevations oriented to 7th Street and Whitton Avenue shall contain
architectural embellishments such as textural changes, pilasters, offsets,
recesses, variation in window size and location, and/or overhang canopies, as
approved by the Planning and Development Department.
6.
The developer shall provide secure bicycle parking at a rate of two spaces per
dwelling unit which may be located inside garages if a dedicated space is
allocated, as approved by the Planning and Development Department.
7.
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.
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 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.
10.
The property owner shall record documents that disclose the existence, and
operational characteristics of Phoenix Sky Harbor Airport to future owners or
tenants of the property. The form and content of such documents shall be
according to the templates and instructions provided which have been
reviewed and approved by the City Attorney.
11.
Recycling services shall be provided on site.
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 7th day of December,
2022.
________________________________
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
Within a portion of Section 28, Township 2 North, Range 3 East of the Gila and Salt
River Base and Meridian, Maricopa County, Arizona, being more particularly described
as follows:
Parcel No. 1:
Lot 1, Block 2, Amended Plat of Lots 1, 2, 3, 4, 5, 6, and 7, of Whitton Acres, according
to Book 4 of Maps, page 23, records of Maricopa County, Arizona; and the North 6.75
feet of Lot 2, Block 2, Amended Plat of Lots 1, 2, 3, 4, 5, 6, and 7, of Whitton Acres,
according to Book 4 of Maps, Page 23, records of Maricopa County, Arizona;
Except the West 7 feet thereof; and
Except that part of said Lot 1 as follows:
Beginning at the Northeast corner of the West 7 feet of said Lot;
Thence easterly along the North line of said lot, a distance of 7 feet;
Thence Southwesterly to the intersection of the South line of the North 7 feet of said Lot
with the East line of the West 7 feet thereof;
Thence to the point of beginning.
Parcel No. 2:
Lot 2, Block 2, and the North 7.35 feet of Lot 3, Block 2, Amended Plat of Lots 1, 2, 3, 4,
5, 6, and 7, of Whitton Acres, according to Book 4 of Maps, page 23, records of
Maricopa County, Arizona;
Except the North 6.75 feet of said Lot 2;
Except the West 7 feet thereof.
Parcel No. 3:
Lot 3, Block 2, and the North 8.75 feet of Lot 4, Block 2, Amended Plat of Lots 1, 2, 3, 4,
5, 6, and 7, of Whitton Acres, according to Book 4 of Maps, page 23, records of
Maricopa County, Arizona;
Except the North 7.53 feet of said Lot 3;
Except the West 7 feet thereof conveyed to the City of Phoenix in Deed recorded in
Docket 2870, page 85.
Parcel No. 4:
Lot 6, Block 2, Amended Plat of Lots 1, 2, 3, 4, 5, 6, and 7, of Whitton Acres, according
to Book 4 of Maps, page 23, records of Maricopa County, Arizona.