Attachment A - Draft Ordinance - Z-27-22-6.pdf

City of Phoenix — Formal (2022-11-02)

View PDF Meeting page

Extracted text (via pymupdf) 8935 characters
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-27-22-6) FROM C-2 (INTERMEDIATE 
COMMERCIAL) TO PUD (PLANNED UNIT DEVELOPMENT). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 2.55-acre site located at the northeast corner 
of 7th Street and Colter Street in a portion of Section 16, Township 2 North, Range 3 
East, as described more specifically in Exhibit “A,” is hereby changed from “C-2” 
(Intermediate Commercial) to “PUD” (Planned Unit Development). 
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. 
An updated Development Narrative for the Zola North Central PUD reflecting the 
changes approved through this request shall be submitted to the Planning and 
Development Department within 30 days of City Council approval of this request. 
The updated Development Narrative shall be consistent with the Development 
Narrative date stamped August 26, 2022, as modified by the following 
stipulations: 
 
 
 
a. 
Front cover: Revise the date information on the cover page to the 
following:  
 
City Council Adopted: [Add Adoption Date] 
 
 
 
 
b.  
Page 11, D3: Parking, Section A. Vehicular standards: Update Item 1. 
Resident and Visitor Parking (Minimum) to Efficiency Units: 1.3 spaces per 
dwelling unit, 1-Bedroom Units: 1.5 spaces per dwelling unit, 2-Bedroom 
Units: 1.5 spaces per dwelling unit.  
 
 
 
 
c.  
Page 11, D3: Parking, Section A. Vehicular standards: Add a sentence that 
reads “A minimum of 10% of the required parking spaces shall be utilized 
for visitor parking purposes.” 
 
 
 
2. 
The developer shall provide traffic calming to slow vehicle traffic exiting the 
property with specific regard to pedestrian safety on the public sidewalk, as 
approved by the Planning and Development Department. 
 
 
3.  
The developer shall dedicate a minimum 10-foot-wide sidewalk easement and 
construct the east side of 7th Street, as approved by the Planning and 
Development Department. 
 
 
4. 
The developer shall fully fund a traffic control device at the intersection of 7th 
Street and Colter Street, as determined and approved by the Street 
Transportation Department. 
 
 
5.  
The applicant shall submit a Traffic Impact Study to the City for this development. 
The developer shall be responsible for cost and construction of all mitigation 
identified through the analysis. No preliminary approval of plans shall be granted 
until the study is reviewed and approved by the Street Transportation 
Department. 
 
 
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 developer shall construct a bus stop pad along northbound 7th Street. The 
Bus stop pad shall be constructed according to City of Phoenix Standard Detail 
P1260 with a minimum depth of 10 feet and shall be located from the intersection 
of Colter Street according to City of Phoenix Standard Detail P1258. 
 
 
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.  Pedestrian access gates shall be provided in patio walls at the ground floor units 
fronting a public sidewalk and pedestrian pathways shall be provided to connect 
to the ground floor units to the sidewalk, as approved by the Planning and 
Development Department.  
 
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 November, 
2022.  
 
 
 
 
________________________________ 
 
 
 
       MAYOR  
 
 
ATTEST:  
 
 
_________________________

Denise Archibald, City Clerk 
 
 
APPROVED AS TO FORM: 
Cris Meyer, City Attorney 
 
 
By: 
_________________________  
_________________________ 
 
 
REVIEWED BY:  
 
 
_________________________  
Jeffrey Barton, City Manager 
 
 
 
Exhibits: 
A – Legal Description (2 Pages) 
B – Ordinance Location Map (1 Page)

EXHIBIT A 
 
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF 
MARICOPA, STATE OF ARIZONA, AND IS DESCRIBED AS FOLLOWS:  
 
PARCEL NO. 1:  
 
THE WEST 337 FEET OF THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER 
OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 
16, TOWNSHIP 2 NORTH, RANGE 3 EAST OF THE GILA AND SALT RIVER BASE 
AND MERIDIAN, MARICOPA COUNTY, ARIZONA;  
 
EXCEPT THE SOUTH 105 FEET OF THE WEST 221 FEET; AND  
 
EXCEPT THE SOUTH 30 FEET THEREOF; AND  
 
EXCEPT THE WEST 40 FEET THEREOF; AND  
 
EXCEPT ALL COAL, ASPHALTUM, OIL, GASES, FERTLIZERS, FOSSILS AND 
OTHER LIKE SUBSTANCES IN OR UNDER SAID LAND AS RESERVED UNTO THE 
STATE OF ARIZONA IN THE PATENT TO SAID LAND. 
 
PARCEL NO: 2:  
 
THE SOUTH 105 FEET OF THE WEST 221 FEET OF THE NORTHWEST QUARTER 
OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 2 NORTH, RANGE 3 
EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, 
ARIZONA;  
 
EXCEPT THE SOUTH 30 FEET THEREOF; AND  
 
EXCEPT THE WEST 40 FEET THEREOF; AND 
 
EXCEPT ANY PORTION LYING WITHIN THE FOLLOWING DESCRIBED 
PROPERTY:  
 
THAT PART OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE 
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16, 
TOWNSHIP 2 NORTH, RANGE 3 EAST OF THE GILA AND SALR RIVER BASE AND 
MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:  
 
BEGINNING AT A POINT ON THE SOUTH LINE OF THE SOUTH HALF OF THE 
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST 
QUARTER OF SECTION 16, DISTANT 33 FEET EAST OF THE SOUTHWEST 
CORNER THEREOF;

THENCE NORTH, PARALLEL TO AND 33 FEET EAST OF THE WEST LINE OF THE 
SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER 
OF THE SOUTHWEST QUARTER OF SECTION 16, TO A POINT ON THE NORTH 
LINE THEREOF;  
 
THENCE EASE, ALONG THE NORTH LINE OF THE SOUTH HALF OF THE 
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST 
QUARTER OF SECTION 16, A DISTANCE OF 7 FEET;  
 
THENCE SOUTH, PARALLEL TO AND 40 FEET EAST OF THE WEST LINE OF THE 
SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER 
OF THE SOUTHWEST QUARTER OF SECTION 16, TO A POINT WHICH IS 45 FEET 
NORTH OF THE SOUTH LINE THEREOF;  
 
THENCE SOUTHEASTERLY TO A POINT WHICH IS 30 FEET NORTH AND 55 FEET 
EAST OF THE SOUTHWEST CORNER OF THE SOUTH HALF OF THE 
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST 
QUARTER OF SECTION 16;  
 
THENCE EAST, PARALLEL TO AND 30 FEET NORTH OF THE SOUTH LINE OF THE 
SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER 
OF THE SOUTHWEST QUARTER OF SECTION 16, TO A POINT WHICH IS 30 FEET 
NORTH AND 25 FEET WEST OF THE SOUTHEAST QUARTER THEREOF;  
 
THENCE NORTH, PARALLEL TO AND 25 FEET WEST OF THE EAST LINE OF THE 
SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER 
OF THE SOUTHWEST QUARTER OF SECTION 16 TO A POINT ON THE NORTH 
LINE THEREOF;  
 
THENCE EAST, ALONG THE EAST LINE OF THE SOUTH HALF OF THE 
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST 
QUARTER OF SECTION 16 TO THE SOUTHEAST CORNER THEREOF;  
 
THENCE WEST, ALONG THE SOUTH LINE OF THE SOUTH HALF OF THE 
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST 
QUARTER OF SECTION 16, TO THE POINT OF BEGINNING;  
 
EXCEPT ALL COAL, ASPHALTUM, OIL, GASES, FERTILIZERS, FOSSILS AND 
OTHER LIKE SUBSTANCES IN OR UNDER SAID LAND AS RESERVED UNTO THE 
STATE OF ARIZONA IN THE PATENT TO SAID LAND.