Attachment A - Draft Ordinance - Z-14-23-4.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 (CASE Z-14-23-4) FROM R-5 SNSPD (MULTIFAMILY
RESIDENCE DISTRICT, STORY NEIGHBORHOOD SPECIAL
PLANNING DISTRICT) AND C-1 SNSPD (NEIGHBORHOOD
RETAIL, STORY NEIGHBORHOOD SPECIAL PLANNING
DISTRICT) TO C-1 SNSPD (NEIGHBORHOOD RETAIL, STORY
NEIGHBORHOOD SPECIAL PLANNING DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 1.58 acre site located at the southwest
corner of 15th Avenue and McDowell Road in a portion of Section 6, Township 1 North,
Range 3 East, as described more specifically in Exhibit “A,” is hereby changed from
0.49 acres of “R-5 SNSPD” (Multifamily Residence District, Story Neighborhood Special
Planning District) and 1.09 acres of “C-1 SNSPD” (Neighborhood Retail, Story
Neighborhood Special Planning District) to “C-1 SNSPD” (Neighborhood Retail, Story
Neighborhood Special Planning 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 maximum building height shall be 23 feet.
2.
A minimum of 4 bicycle parking spaces shall be provided through Inverted U
and/or artistic racks located near the building entrance and installed per the
requirements of Section 1307.H of the Phoenix Zoning Ordinance, as approved
by the Planning and Development Department. Artistic racks shall adhere to
the City of Phoenix Preferred Designs in Appendix K of the Comprehensive
Bicycle Master Plan.
3.
A bicycle repair station (“fix it station”) shall be provided on the site. 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, as approved by the Planning
and Development Department.
4.
A minimum of 5% of the required parking spaces shall be EV Installed.
5.
Site lighting shall be provided at building entrances/exits and in the parking and
refuse areas, as approved by the Planning and Development Department. All
on-site lighting shall be shielded to prevent direct visibility of the light source
from residential properties to the south.
6.
Video surveillance shall be maintained to monitor activities in and around the
store to discourage alcohol violations and unlawful activities.
7.
An “authority to arrest” agreement shall be completed and maintained by the
property owner. The agreement shall be signed and delivered to the Phoenix
Police Department.
8.
“No Trespassing” signs shall be posted per Phoenix City Code on the exterior
of the building in both English and Spanish.
9.
A 10-foot sidewalk easement shall be dedicated for the south side of McDowell
Road, as approved by the Planning and Development Department.
10.
The developer shall dedicate a minimum 40 feet of right-of-way for the west
side of 15th Avenue, adjacent to the development, as approved by the
Planning and Development Department
11.
A minimum 6-foot-wide detached sidewalk separated by a minimum 10-foot-
wide landscape strip located between the back of curb and sidewalk shall be
provided along the south side of McDowell Road, planted to the following
standards, as approved by the Planning and Development Department.
a.
Minimum 2-inch caliper single-trunk, large canopy, drought-tolerant
shade trees planted 20 feet on center or in equivalent groupings.
b.
Shrubs, accents, and vegetative groundcovers to achieve a minimum of
75% live coverage at maturity.
Where utility conflicts exist, the developer shall work with the Planning and
Development Department on an alternative design solution consistent with a
pedestrian environment.
12.
A minimum 5-foot-wide detached sidewalk separated by a minimum 8-foot-
wide landscape strip located between the back of curb and sidewalk shall be
provided along the west side of 15th Avenue, planted to the following
standards, as approved by the Planning and Development Department.
a.
Minimum 2-inch caliper single-trunk, large canopy, drought-tolerant
shade trees planted 20 feet on center or in equivalent groupings.
b.
Shrubs, accents, and vegetative groundcovers to achieve a minimum of
75% live coverage at maturity.
Where utility conflicts exist, the developer shall work with the Planning and
Development Department on an alternative design solution consistent with a
pedestrian environment.
13.
The developer shall provide a singular, 40-foot-wide P-1255-2 access point on
McDowell Road at the westernmost property line. All other existing access
points on McDowell Road shall be removed.
14.
The developer shall provide a limited access P-1243-2 right in/right out
driveway on 15th Avenue.
15.
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.
16.
The developer shall dedicate right‐of‐way and construct a new bus stop pad on
southbound 15th Avenue. The bus stop pad shall be constructed according to
City of Phoenix Standard Detail P1260 with a minimum depth of 10 feet. The
bus stop pad shall be spaced from McDowell Road according to City of
Phoenix Standard Detail P1258. Trees shall be placed to provide a minimum
50% shade coverage to the bus stop pad at full maturity.
17.
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.
18.
If Phase I data testing is required, and if, upon review of the results from 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.
19.
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.
20.
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.
21.
Trash cans shall be provided on the east side of the building.
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 (1 Page)
B – Ordinance Location Map (1 Page)
EXHIBIT A
LEGAL DESCRIPTION FOR Z-14-23-4
Within a portion of Section 6, Township 1 North, Range 3 East of the Gila and Salt River
Base and Meridian, Maricopa County, Arizona, being more particularly described as
follows:
LOTS 1 THROUGH 6, BLOCK 43, OF F. Q. STORY ADDITION PLAT “E”,
ACCORDING TO THE PLAT OF RECORD IN THE OFFICE OF THE COUNTY
RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 16 OF
MAPS, PAGE 48;
EXCEPT, THOSE PORTIONS OF LOTS 1 THROUGH 4 CONVEYED TO THE CITY
OF PHOENIX, AS RECORDED IN DOCKET 2474, PAGE 190, AND
EXCEPT THOSE PORTIONS OF LOTS 5 AND 6 CONVEYED TO THE CITY OF
PHOENIX, AS RECORDED IN DOCKET 2463, PAGE 44.