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