Attachment A - Draft Ordinance - Z-58-22-8.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-58-22-8) FROM C-2 MR (INTERMEDIATE
COMMERCIAL, MID-RISE DISTRICT), P-2 (PARKING), AND R-3
(APPROVED C-2 HR) (MULTIFAMILY RESIDENCE DISTRICT,
APPROVED INTERMEDIATE COMMERCIAL, HIGH-RISE AND
HIGH-DENSITY DISTRICT) TO WU CODE T5:6 GW (WALKABLE
URBAN CODE, TRANSECT 5:6, TRANSIT GATEWAY
CHARACTER AREA).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 6.14-acre site located at the southeast
corner of 44th Street and McKinley Street, in a portion of Section 6, Township 1 North,
and Range 4 East, as described more specifically in Exhibit “A”, is hereby changed from
1.30 acres of “C-2 M-R” (Intermediate Commercial, Mid-Rise District), 1.82 acres of “P-
2” (Parking), and 3.02 acres of “R-3 (Approved C-2 HR)” (Multifamily Residence District,
Approved Intermediate Commercial, High-Rise and High Density District) to “WU Code
T5:6 GW” (Walkable Urban Code, Transect 5:6 District, Transit Gateway Character
Area).
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 developer shall incorporate bicycle infrastructure as described below 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 with a maximum of 50 required
spaces near entrances of buildings and installed per the requirements of
Section 1307.H of the Phoenix Zoning Ordinance.
c.
One bicycle repair station shall be provided and maintained by the
developer near the secure bicycle parking area.
2.
The developer shall dedicate a minimum 6-foot-wide sidewalk easement for the
east side of 44th Street along the subject site’s frontage, as approved by the
Planning and Development Department.
3.
The developer shall construct a minimum 6-foot-wide detached sidewalk and
minimum 10-foot-wide landscape strip located between the back of curb and
sidewalk along the east side of 44th Street, as approved by the Planning and
Development Department.
4.
The developer shall dedicate a 10-foot sidewalk easement at the McKinley
Street cul-de-sac to ensure that all public facilities are in public right of way or
public easement, as approved by the Planning and Development Department.
5.
The applicant shall submit a Traffic Impact Analysis to the City for this
development. No preliminary approval of plans shall be granted until the
analysis is reviewed and approved by the City.
6.
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.
7.
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.
8.
If determined necessary by the Phoenix Archaeology Office, the applicant shall
conduct Phase I data testing and submit an archaeological survey report of the
development area for review and approval by the City Archaeologist prior to
clearing and grubbing, landscape salvage, and/or grading approval.
9.
If Phase I data testing is required, and if, upon review of the results from the
Phase I data testing, the City Archaeologist, in consultation with a qualified
archaeologist, determines such data recovery excavations are necessary, the
applicant shall conduct Phase II archaeological data recovery excavations.
10.
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.
11.
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.
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
A portion of land situated within Lot 2 of Phoenix Gateway East III, Restated and
Amended Final Plat, as recorded in Book 350, Page 47, together with and Lots 9, 10
and 11 of the Final Plat of Lessans Acres, as recorded in Book 29, Page 16, Records of
Maricopa County, Arizona, and a portion of the Southeast Quarter of Section 6,
Township 1 North, Range 4 East of the Gila and Salt River Meridian, Maricopa County,
Arizona, being more particularly described as follows:
BEGINNING at found 3 inch Arizona Highway Department brass cap, accepted as the
intersection of 44th Street and McKinley Street, from which a found 3 inch City of
Phoenix brass cap in hand hole accepted as the South Quarter Corner of said Section
6, bears South 00°15’58” East, 1651.21 feet;
Thence South 89°58'31" East, 928.01 feet, along the centerline of said McKinley Street;
Thence South 00°24'38" East, 330.18 feet, along the east line of said Lot 11 and the
extension thereof, to the southeast corner of said Lot 11;
Thence North 89°59'03" West, 398.25 feet, along the south line of said Lots 9, 10 and
11 to the southwest corner of said Lot 9;
Thence South 00°20'51" East, 8.21 feet, along the east line of said Lot 2 to the
southeast corner of said Lot 2;
Thence North 89°58'41" West, 217.75 feet, along the south line of said Lot 2 to the
southeast corner of that property as conveyed in Document No. 2022-0122793, in the
records of Maricopa County, Arizona;
Thence North 00°15'58" West, 157.94 feet, along the east line to the northeast corner
thereof;
Thence North 89°58'31" West, 312.85 feet, along the north line and the extension
thereof to the centerline of said 44th Street;
Thence North 00°15'58" West, 180.52 feet, along the centerline of said 44th Street to
the POINT OF BEGINNING.
The above described parcel contains a computed area of 261,534 sq. ft. (6.0040 acres)
more or less and being subject to any easements, restrictions, rights-of-way of record or
otherwise.