Attachment A - Draft Ordinance - Z-28-21-2.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 ORDINANCE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN
(CASE Z-28-21-2) FROM PCD NBCOD, APPROVED C-2 OR CP
M-R PCD NBCOD (PLANNED COMMUNITY DISTRICT, NORTH
BLACK CANYON OVERLAY DISTRICT, APPROVED
INTERMEDIATE COMMERCIAL OR COMMERCE PARK
DISTRICT, MID-RISE, PLANNED COMMUNITY DISTRICT,
NORTH BLACK CANYON OVERLAY DISTRICT) TO R-3 NBCOD
(MULTIFAMILY RESIDENTIAL DISTRICT, NORTH BLACK
CANYON OVERLAY DISTRICT), R-4 NBCOD (MULTIFAMILY
RESIDENTIAL DISTRICT, NORTH BLACK CANYON OVERLAY
DISTRICT), AND C-2 NBCOD (INTERMEDIATE COMMERCIAL
DISTRICT, NORTH BLACK CANYON OVERLAY DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 40.04-acre site located at the northeast
corner of the 29th Avenue alignment and Sonoran Desert Drive in a portion of Section
14, Township 5 North, Range 2 East, as described more specifically in Exhibit “A”, is
hereby changed from “PCD NBCOD (Approved C-2 of CP M-R PCD NBCOD” (Planned
Community District, North Black Canyon Overlay District, approved Intermediate
Commercial or Commerce Park District, Mid-Rise, Planned Community District, North
Black Canyon Overlay District) to 17.84 acres of “R-3 NBCOD” (Multifamily Residential
District, North Black Canyon Overlay District), 16.21 acres of “R-4 NBCOD” (Multifamily
Residential District, North Black Canyon Overlay District), and 5.99 acres of “C-2
NBCOD” (Intermediate Commercial District, North Black Canyon Overlay 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.
A minimum of 7 percent of the gross site area of the R-3 NBCOD zoned portion
shall be retained as open space, as approved by the Planning and
Development Department.
2.
A minimum of 20 percent of the gross site area of the R-4 NBCOD zoned
portion shall be retained as open space, as approved by the Planning and
Development Department.
3.
The R-3 NBCOD zoned portion of the site shall be limited to a maximum height
of three stories and 36 feet.
4.
The R-4 NBCOD zoned portion of the site shall be limited to a maximum height
of three stories and 40 feet.
5.
The C-2 NBCOD zoned portion of the site shall be limited to a maximum height
of one story and 25 feet.
6.
All building façades shall contain architectural embellishments and detailing
such as, but not limited to, textural changes, pilasters, offsets, recesses,
window fenestration, shadowboxes, and canopies, as approved by the
Planning and Development Department.
7.
All building and wall colors and materials shall be in compliance with the North
Black Canyon Overlay District with specific regard to colors being muted and
blending with, rather than contrasting strongly, with the surrounding desert
environment, as approved by the Planning and Development Department.
8.
Parking areas in the C-2 zoned portion of the site shall be at least 30 feet from
property lines adjacent to Sonoran Desert Drive and 29th Avenue or behind a
commercial building, as approved by the Planning and Development
Department.
9.
If drive-through restaurants are developed, pick-up windows shall be
architecturally integrated in proportion, color, material, and texture to the
building it serves by providing awnings or architecturally integrated structures
for weather protection, as approved by the Planning and Development
Department.
10.
All service areas in the C-2 zoned portion shall be screened to conceal trash
containers, recycling containers, loading docks, transformers, backflow
preventers, and other mechanical and or electrical equipment from eye level
adjacent to public streets and private drives, as approved by the Planning and
Development Department.
11.
Pedestrian connectivity shall be provided between multifamily and commercial
developments, as approved by the Planning and Development Department.
12.
Secured bicycle parking shall be provided for multifamily development per
Section 1307 of the City of Phoenix Zoning Ordinance. In addition, a minimum
of 18 bicycle parking spaces for the R-4 NBCOD zoned portion of the site and
a minimum of 13 bicycle parking spaces for the R-3 NBCOD zoned portion of
the site shall be provided for guests located near the offices or distributed
throughout the site and installed per the requirements of Section 1307.H of the
Zoning Ordinance, as approved by the Planning and Development Department.
13.
A minimum of six bicycle parking spaces for the C-2 NBCOD zoned portion of
the site shall be provided near entrances of buildings or distributed throughout
the site and installed per the requirements of Section 1307.H of the Zoning
Ordinance, as approved by the Planning and Development Department.
14.
A minimum 10-foot-wide public multi-use trail (MUT) shall be constructed within
the existing multi-use recreational trail easement (MURTE) along the north side
of Sonoran Desert Drive in accordance with Section 429 of the City of Phoenix
MAG Supplemental detail, as approved by the Planning and Development
Department.
15.
All sidewalks along public streets shall be detached with a minimum 10-foot-
wide landscaped strip located between the sidewalk and back of curb and shall
include minimum two-inch caliper shade trees planted a minimum of 20 feet on
center or in equivalent groupings along both sides of the sidewalk, as approved
by the Planning and Development Department.
16.
A minimum of 75% of pedestrian pathways and sidewalks shall be shaded by a
structure, landscaping, or a combination of the two, as approved by the
Planning and Development Department.
17.
Where pedestrian pathways cross drive aisles, the pathway shall be
constructed of decorative pavers, stamped or colored concrete, or another
material, other than those used to pave parking surfaces and drive aisles, as
approved by the Planning and Development Department.
18.
Pedestrian pathways shall be provided to connect building entrances, public
sidewalks, and community amenities, using the most direct route for
pedestrians, as approved by the Planning and Development Department.
19.
The applicant shall submit a Traffic Impact Study to the City for this
development. No preliminary approval of plans shall be granted until the study
is reviewed and approved by the City. The developer shall be responsible for
traffic signal funding and/or escrow contribution as determined by the approved
Traffic Impact Study.
20.
The developer shall dedicate and construct the east half of 29th Avenue, as
required by the Traffic Impact Study and as approved by the Street
Transportation Department.
21.
The developer shall dedicate a minimum 80 feet of right-of-way and construct a
City classified “E” section roadway for North Foothills Drive connecting to 29th
Avenue, or as otherwise determined through the approved Traffic Impact
Study. If constructed, a Shared-Use Path shall be provided along North
Foothills Drive in accordance with the City of Phoenix standard trail detail, as
approved by the Planning and Development Department.
22.
The developer shall provide a minimum of two shaded pedestrian connections
from the development site to the wash and any designated trails, as approved
by the Planning and Development Department.
23.
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.
24.
If determined necessary by the Phoenix Archaeology Office, the applicant shall
conduct Phase I data testing and submit an archaeology 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.
25.
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, determine such data recovery excavations are necessary, the
applicant shall conduct Phase II archaeological data recovery excavations.
26.
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.
27.
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 1st day of December,
2021.
________________________________
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 (4 Pages)
B – Ordinance Location Map (1 Page)
EXHIBIT A
LEGAL DESCRIPTION FOR Z-28-21-2:
29TH AVE & SONORAN DESERT DRIVE
PARCEL 16A
LEGAL DESCRIPTION
A portion of land being situated within the Southeast quarter of Section 14, Township 5
North, Range 2 East of the Gila and Salt River Meridian, Maricopa County, Arizona, being
more particularly described as follows:
COMMENCING at a found 3" Maricopa County brass cap, stamped T5N, R2E, 1/4 S14,
1/4 S13, RLS 29891, dated 2001 accepted as the East quarter corner of said Section 14,
from which a found 1/2 inch rebar with cap, RLS 21081 accepted as the Center of said
Section bears South 89°32’56" West, 2639.42 feet;
Thence South 00°22'13" East, 1324.91 feet along the east line of said Southeast quarter
to a found 1/2 inch rebar with cap, RLS 27239 accepted as the 1/16th corner (Northeast
corner of the Southeast quarter of the Southeast quarter of said Section 14), being the
POINT OF BEGINNING;
Thence continuing along said east line, South 00°22'13" East, 1324.91 feet to the
Southeast corner of said Section 14;
Thence South 89°38'30" West, 659.90 feet along the south line of said Southeast quarter
to the southwest corner of the East half of the Southeast quarter of said Southeast
quarter;
Thence North 00°22'10" West, 70.00 feet along the west line of said East half to the
intersection of said west line and the north line of the south 70.00 feet of said Southeast
quarter;
Thence leaving said west line, North 00°07'02" West, 325.13 feet;
Thence North 60°01'38" East, 283.65 feet;
Thence North 33°37'52" West, 242.86 feet;
Thence North 15°19'46" West, 200.69 feet;
Thence North 06°58'06" West, 394.79 feet to the north line of the Southeast quarter of
the Southeast quarter of said Section 14;
Thence along said north line, North 89°35'43" East, 642.20 feet to the POINT OF
BEGINNING.
The above described parcel contains a computed area of 786,484 sq. ft. (18.0552 acres)
more or less and being subject to any easements, restrictions, rights-of-way of record or
otherwise.
The description shown hereon is not to be used to violate any subdivision regulation of
the state, county and/or municipality or any land division restrictions.
29TH AVE AND SONORAN DESERT DRIVE
PARCEL 16B
LEGAL DESCRIPTION
A portion of land being situated within the Southeast quarter of Section 14, Township 5
North, Range 2 East of the Gila and Salt River Meridian, Maricopa County, Arizona, being
more particularly described as follows:
COMMENCING at a found 3" Maricopa County brass cap, stamped T5N, R2E, 1/4 S14,
1/4 S13, RLS 29891, dated 2001 accepted as the East quarter corner of said Section 14,
from which a found 1/2 inch rebar with cap, RLS 21081 accepted as the Center of said
Section bears South 89°32’56" West, 2639.42 feet;
Thence South 00°22'13" East, 2649.82 feet along the east line of said Southeast quarter
to the Southeast corner of said Section 14;
Thence South 89°38'30" West, 659.90 feet along the south line of said Southeast quarter
to the southeast corner of the West half of the Southeast quarter of said Southeast
quarter, being the POINT OF BEGINNING;
Thence continuing along said south line, South 89°38'30" West, 659.90 feet to the
southwest corner of the West half of the Southeast quarter of said Southeast quarter;
Thence along said west line, North 00°22'06" West, 394.42 feet;
Thence leaving said west line, North 89°34'48" East, 661.33 feet;
Thence South 00°07'02" East, 325.13 feet to the intersection of the north line of the south
70.00 feet of said Southeast quarter and the east line of the West half of the Southeast
quarter of said Southeast quarter;
Thence along said east line, South 00°22'10" East, 70.00 feet to the POINT OF
BEGINNING.
The above described parcel contains a computed area of 260,744 sq. ft. (5.9859 acres)
more or less and being subject to any easements, restrictions, rights-of-way of record or
otherwise.
The description shown hereon is not to be used to violate any subdivision regulation of
the state, county and/or municipality or any land division restrictions.
29TH AVE AND SONORAN DESERT DRIVE
PARCEL 16C
LEGAL DESCRIPTION
A portion of land being situated within the Southeast quarter of Section 14, Township 5
North, Range 2 East of the Gila and Salt River Meridian, Maricopa County, Arizona, being
more particularly described as follows:
COMMENCING at a found 3" Maricopa County brass cap, stamped T5N, R2E, 1/4 S14,
1/4 S13, RLS 29891, dated 2001 accepted as the East quarter corner of said Section 14,
from which a found 1/2 inch rebar with cap, RLS 21081 accepted as the Center of said
Section bears South 89°32’56" West, 2639.42 feet;
Thence South 00°22'13" East, 1324.91 feet along the east line of the Southeast quarter
of said Section to a found 1/2 inch rebar with cap, RLS 27239 accepted as the 1/16th
corner (Northeast corner of the Southeast quarter of the Southeast quarter) of said
Section;
Thence South 89°35'43" West, 642.20 feet along the north line of the Southeast quarter
of the Southeast quarter of said Section to the POINT OF BEGINNING;
Thence leaving said north line, South 06°58'06" East, 394.79 feet;
Thence South 15°19'46" East, 200.69 feet;
Thence South 33°37'52" East, 242.86 feet;
Thence South 60°01'38" West, 283.65 feet;
Thence South 89°34'48" West, 661.33 feet to the west line of the Southeast quarter of
the Southeast quarter of said Section;
Thence North 00°22'06" West, 929.42 feet along said west line to a found 1/2 inch rebar
with cap, RLS 21081 accepted as the 1/16th corner (Northwest corner of the Southeast
quarter of the Southeast quarter) of said Section;
Thence North 89°35'43" East, 677.56 feet along said north line of the Southeast quarter
of the Southeast quarter to the POINT OF BEGINNING.
The above described parcel contains a computed area of 700,655 sq. ft. (16.0848 acres)
more or less and being subject to any easements, restrictions, rights-of-way of record or
otherwise.
The description shown hereon is not to be used to violate any subdivision regulation of
the state, county and/or municipality or any land division restrictions.