Attachment A - Draft Ordinance - Z-42-23-7.pdf

City of Phoenix — Formal (2023-12-06)

Extracted text (via pymupdf) 14963 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-42-23-7) FROM CP/GCP (COMMERCE
PARK/GENERAL COMMERCE PARK OPTION) TO C-2
HGT/WVR DNS/WVR (INTERMEDIATE COMMERCIAL, HEIGHT
WAIVER, DENSITY WAIVER) AND C-2 (INTERMEDIATE
COMMERCIAL).

____________

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 36.85-acre property located approximately
1,700 feet south of the southeast corner of 63rd Avenue and Baseline Road in a portion
of Section 6, Township 1 South, Range 2 East, as described more specifically in Exhibit
“A,” is hereby changed from “CP/GCP” (Commerce Park/General Commerce Park
Option) to 21.75 acres of “C-2 HGT/WVR DNS/WVR” (Intermediate Commercial, Height
Waiver, Density Waiver) and 15.10 acres of “C-2” (Intermediate Commercial).
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 multifamily development shall be in general conformance with the
elevations date stamped July 10, 2023, as modified by the following
stipulations and approved by the Planning and Development Department.

2.
A minimum of 20% of the building elevations shall have accent materials that
include brick veneer, vertical siding, metal railing, and window shutters.

3.
The multifamily development shall be in general conformance with the site plan
date stamped November 1, 2023, as modified by the following stipulations and
approved by the Planning and Development Department.

4.
Residential development shall comply with R-4 PRD development standards.

5.
A minimum 60-foot building setback shall be provided along the west perimeter
of the site.

6.
All required landscape setbacks shall be planted with 2-inch caliper large
canopy, drought tolerant trees, planted 20 feet on center or in equivalent
groupings, as approved by the Planning and Development Department.

7.
A minimum of 18% of the gross (residential) site area shall be retained as open
space.

8.
A minimum of 10% of the required shrubs, shall be a milkweed or other native
nectar species, and shall be planted in groups of three or more, as approved
by the Planning and Development Department.

9.
Where pedestrian walkways cross a vehicular path, the pathway shall be
constructed of decorative pavers, stamped or colored concrete, or other
pavement treatments that visually contrast parking and drive aisle surfaces, as
approved by the Planning and Development Department.

10.
All multifamily pedestrian walkways, including sidewalks, shall be shaded by a
structure, landscaping at maturity, or a combination of the two to provide a
minimum 75% shade, as approved by the Planning and Development
Department.

11.
All uncovered surface parking lot areas shall be landscaped with minimum 2-

inch caliper size, single trunk, large canopy, drought tolerant shade trees.
Landscaping shall be dispersed throughout the parking area and achieve 25%
shade at maturity, as approved by Planning and Development Department.

12.
The multifamily development shall incorporate bicycle infrastructure as
described below and approved by the Planning and Development Department.

a.
A minimum of 30 bicycle parking spaces shall be provided on the
multifamily development through inverted U and/or artistic racks
dispersed throughout the site or in a secure room and installed per
requirements of Section 1307.H. of the Phoenix Zoning Ordinance.

b.
All bicycle infrastructure shall be shaded by a structure, landscaping at
maturity, or a combination of the two to provide minimum 75% shade, as
approved by the Planning and Development Department.

c.
A bicycle repair station (“fix it station”) shall be provided on the
multifamily development in close proximity to the Laveen Area
Conveyance Channel. The station shall include but not limited to:
standard repair tools affixed to the station; a tire gauge and pump; and a
bicycle repair stand which allows pedals and wheels to spin freely while
making adjustments to the bike.

d.
A minimum of 10% of the required bicycle parking spaces shall include
standard electrical receptacles for electric bicycle charging capabilities.

13.
Prior to final site plan approval, the developer shall include with the building
plans submitted for Phoenix Building Construction Code compliance review,
certification by a registered Professional Engineer or registered Professional
Architect in the State of Arizona demonstrating the average indoor noise levels
of the residential units shall not exceed a decibel day night-level (DNL) of 45
decibels, as approved by the Planning and Development Department.

14.
A noise mitigating wall no less than six feet in height shall be provided along
the Loop 202 freeway. This wall shall include material and textural differences,
such as stucco and/or split face block with a decorative element, such as tile or
stamped design, as approved by the Planning and Development Department.

15.
A minimum of 20% of the required parking spaces for the multifamily
development shall include EV Capable infrastructure and a minimum five EV
installed spaces should be installed prior to certificate of occupancy of any
multifamily building.

16.
A Traffic Impact Analysis shall be submitted to the City for this development.
No preliminary approval of plans shall be granted until the study is reviewed
and approved by the City.

17.
At the time of construction of the school, the developer shall fully design and
construct a traffic control device along 63rd Avenue, per design plans
submitted and approved by the Traffic Services Division.

18.
A minimum 67-feet of right-of-way shall be dedicated for the east side of 63rd
Avenue, adjacent to the development and including the frontage of APN 300-
020-017C. Additional right-of-way dedications and improvements shall be
provided as required by the TIS, and as approved by the Street Transportation
Department.

19.
A minimum 5-foot-wide detached sidewalk and minimum 10-foot-wide
landscape area located between the back of curb and sidewalk shall be
constructed along the east side of 63rd Avenue.

20.
The east half of 63rd Avenue shall be constructed and expanded over the
Laveen Area Conveyance Channel for a total curb-to-curb width of 74 feet.

21.
A minimum 5-foot-wide attached sidewalk shall be constructed along the east
side of 63rd Avenue over the Laveen Area Conveyance Channel to
accommodate a “C” cross section designated roadway, as approved by the
Planning and Development Department.

22.
A 10-foot-wide Multi-Use Trail (MUT) shall be constructed along the southside
of the Laveen Area Conveyance Channel, adjacent to the property.
Improvements within the Laveen Area Conveyance Channel right-of-way shall
include a Multi-Use Trail, landscaping, and other incidentals as required in 507
Tab A (II)(E)(2).

23.
All pedestrian gates to the Laveen Area Conveyance Channel shall be lighted,
as approved by the Planning and Development Department.

24.
Three enhanced pedestrian connections shall be provided on the northern site
boundary to allow for direct pedestrian access to the adjacent Laveen Area
Conveyance Channel Multi-Use Trail. A minimum 8-foot-wide shaded
pedestrian pathway consisting of decorative material such as brick, pavers or
alternative material shall be constructed, as approved by the Planning and
Development Department

25.
All streets within and adjacent to the development shall be constructed 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.

26.
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.

27.
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.

28.

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.

29.
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 6th day of December,
2023.

________________________________

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 (2 Pages)
B – Ordinance Location Map (1 Page)

EXHIBIT A

LEGAL DESCRIPTION FOR Z-42-23-7

C-2 HGT/WVR DNS/WVR Parcel

That portion of Parcel No. 1 of the Special Warranty Deed recorded in Document
201 10766241 records of Maricopa County Recorder lying within the North half of
Section 6, Township 1 South, Range 2 East of the Gila and Salt River Meridian,
Maricopa County, Arizona, being more particularly described as follows:
COMMENCING at the East Quarter corner of said Section 6 from which the Center of
said Section 6 bears South 89048' 1 6" West, 2636.89 feet;
Thence South 8904816" West, 2638.16 feet along the East-West mid-section line of
said Section 6;
Thence North 000 27' 1 4" East, 379.20 feet along the property line as decreed in
Docket 14621, Page 356-366, records of said County;
Thence leaving said property line, North 890481 1 6" East, 295.76 feet along the
Southerly line of that certain parcel described in the Warranty Deed as recorded in
Document No. 19970356797, records of said county, to the Southeast corner thereof;
Thence North 000 24'33' East, 121.22 feet, along the easterly line of said certain parcel
to the TRUE POINT OF BEGINNING;
Thence continuing North 000 2433' East, 186.03 feet, along said easterly line to the
northeast corner thereof;
Thence South 89048' 1 6' West, 295.52 feet along the Northerly line of said certain
parcel;
Thence leaving said northerly line, North 000 2714" East, 230.08 feet along the said
property line as decreed in Docket 14621, Page 356-366, records of said county, to a
non-tangent curve, concave Northwesterly, having a radius of 1600.00 feet, the center
of which bears North 020 2231" West, said curve being the Southerly Right-of-Way line
of the Laveen Channel, as conveyed to the Flood Control District of Maricopa County in
Warranty Deed as recorded in Document No. 2003-0869416, records of said county:
Thence leaving said property line and along said Southerly Right-of-Way line and
Northeasterly along said curve, through a central angle of 390 56'02", an arc
length of 1 1 15.16 feet to a tangent line;
Thence continuing along said Southerly Right-of-Way line, North 47041 '27" East, 77.77
feet to the beginning of a tangent curve, concave Southeasterly, having a radius of
850.00 feet;

Thence continuing along said Southerly Right-of-Way line and Northeasterly along said
curve, through a central angle of 230 5644" an arc length of 355.24 feet to a non-
tangent line, said line being the West Right-of-Way line of Arizona Loop 202 per Arizona
Department of Transportation project no. 202L MA 000 H5439, drawing no. D-7-T-1 01
7;

Thence along said West Right-of-Way line the following 3 courses:

Thence South 120 59 157" East, 19.86 feet;

Thence South 060 5548" East, 788.63 feet;
Thence South 1 1 05617" West, 262.17 feet;
Thence South 89 05312" west, 1 125.61 feet to the POINT OF BEGINNING.
C-2 Parcel

Thence continuing along said South line, South 89048'1 6" West, 1319.71 feet;
Thence North 000 271 14" East, 379.20 feet along the property line as decreed in Docket
14621, Page 356-366, records of said County;
Thence leaving said property line, North 8904816" East, 295.76 feet along the
Southerly line of that certain parcel described in the Warranty Deed as recorded in
Document No. 19970356797, records of said county, to the Southeast corner thereof;
Thence North 000 2433" East, 121.22 feet, along the easterly line of said certain parcel;
Thence North 89 05312" East, 1 125.61 feet to said West Right-of-Way line;
Thence South 1 1 05617" West, 510.17 feet along said West Right-of-Way line to the
POINT OF BEGINNING.