Attachment A - Draft Ordinance - Z-24-22-8.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-24-22-8) FROM C-2 (INTERMEDIATE
COMMERCIAL DISTRICT) AND R-5 (MULTIFAMILY RESIDENCE
DISTRICT) TO R-5 (MULTIFAMILY RESIDENCE DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of an 8.12-acre site located approximately 370
feet west of the southwest corner of 48th Street and McDowell Road in a portion of
Section 6, Township 1 North, Range 4 East, as described more specifically in Exhibit
“A,” is hereby changed from 7.48 acres of “C-2” (Intermediate Commercial District) and
0.64 acres of “R-5” (Multifamily Residence District), to “R-5” (Multifamily Residence
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 landscape setbacks along 48th Street and McDowell Road shall be
landscaped with minimum 2-inch caliper single-trunk large canopy drought-
tolerant shade trees, planted 20 feet on center or in equivalent groupings, as
approved by the Planning and Development Department. When possible, the
developer shall use existing trees and landscaping to meet the landscaping
requirements.
2.
Upon complete redevelopment or development that increases the
cumulative floor area by more than 15% from that depicted on the site
plan date stamped March 29, 2022, a minimum of 10% open space shall be
provided, as approved by the Planning and Development Department.
3.
Upon complete redevelopment or development that increases the
cumulative floor area by more than 15% from that depicted on the site
plan date stamped March 29, 2022, bicycle parking spaces shall be provided
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.
4.
Upon complete redevelopment or development that increases the
cumulative floor area by more than 15% from that depicted on the site
plan date stamped March 29, 2022, a minimum 5-foot wide sidewalk shall be
provided along McDowell Road and be detached with a minimum 13-foot wide
landscaped strip located between the sidewalk and back of curb, per Cross
Section A, as identified on the Street Classification Map, as approved by the
Planning and Development Department. Minimum 2-inch caliper trees shall be
planted 20 feet on center or in equivalent groupings with five 5-gallon shrubs
per tree, as approved by the Planning and Development Department. Where
utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions consistent with a
pedestrian environment.
5.
Upon complete redevelopment or development that increases the
cumulative floor area by more than 15% from that depicted on the site
plan date stamped March 29, 2022, the sidewalk along 48th Street shall be
detached with a minimum 5-foot wide landscaped strip located between the
sidewalk and back of curb, as approved by the Planning and Development
Department. Where utility conflicts exist, the developer shall work with the
Planning and Development Department on alternative design solutions
consistent with a pedestrian environment.
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 provide a No Hazard Determination for the proposed
development from the FAA pursuant to the FAA’s Form-7460 obstruction
analysis review process, prior to construction permit approval, as per plans
approved by the Planning and Development Department.
8.
The property owner shall record documents that disclose the existence, and
operational characteristics of Phoenix Sky Harbor Airport to future owners or
tenants of the property. The form and content of such documents shall be
according to the templates and instructions provided which have been
reviewed and approved by the City Attorney.
9.
The developer shall grant and record an avigation easement to the City of
Phoenix for the site, per the content and form prescribed by the City Attorney
prior to final site plan approval.
10.
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.
11.
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.
12.
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.
13.
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 12th day of October,
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 (4 Pages)
B – Ordinance Location Map (1 Page)
EXHIBIT A
Real property in the City of Phoenix, County of Maricopa, State of Arizona, in a
portion of Section 6, Township 1 North, Range 4 East described as follows:
PARCEL NO.1:
THAT PORTION OF LOTS 1 AND 2, OF SPARKS TRACT, ACCORDING TO
BOOK 14 OF MAPS, PAGE 44, RECORDS OF MARICOPA COUNTY, ARIZONA,
DESCRIBED AS FOLLOWS:
FROM THE NORTHEAST CORNER OF THE SAID NORTHEAST QUARTER,
SECTION 6, TOWNSHIP 1 NORTH, RANGE 4 EAST OF THE GILA AND SALT
RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA;
THENCE NORTH 89 DEGREES 46 MINUTES 58 SECONDS WEST ALONG
THE NORTH LINE OF THE SAID NORTHEAST QUARTER, A DISTANCE OF
294.85 FEET;
THENCE SOUTH 00 DEGREES 13 MINUTES 02 SECONDS WEST 40.00
FEET TO THE SOUTHWEST CORNER OF THE NORTH 7.00 FEET OF THE
EAST 262.00 FEET OF THE SAID LOT 2, SPARKS TRACT;
THENCE SOUTH ALONG THE WEST LINE OF THE EAST 262.00 FEET OF
THE SAID LOT 2, A DISTANCE OF 119.00 FEET TO THE POINT OF
BEGINNING;
THENCE CONTINUING SOUTH ALONG THE SAID WEST LINE A DISTANCE OF
136.00 FEET TO THE SOUTHWEST CORNER OF THE NORTH 262.00 FEET TO
THE EAST 262.00 FEET OF THE SAID LOT 2,
SPARKS TRACT;
THENCE SOUTH 89 DEGREES 46 MINUTES 58 SECONDS EAST ALONG THE
SOUTH LINE OF THE SAID NORTH 262.00 FEET OF LOT 2, SPARKS TRACT,
A DISTANCE OF 255.00 FEET;
THENCE SOUTH PARALLEL TO AND 7.00 FEET WEST FROM THE EAST LINE
OF THE SAID LOT 2, SPARKS TRACT, A DISTANCE OF 243.30 FEET;
THENCE NORTH 89 DEGREES 19 MINUTES 29 SECONDS WEST
PARALLEL TO THE SOUTH LINE OF THE SAID LOTS 1 AND 2, SPARKS
TRACT, A DISTANCE OF 991.20 FEET;
THENCE NORTH 32 DEGREES 21 MINUTES 37 SECONDS EAST 164.00
FEET;
THENCE NORTH 40 DEGREES 50 MINUTES 45 SECONDS EAST 215.00
FEET;
THENCE NORTH 47 DEGREES 45 MINUTES 49 SECONDS EAST 206.72
FEET;
THENCE NORTH 51 DEGREES 54 MINUTES 02 SECONDS EAST 78.71 FEET
TO A POINT ON THE SOUTH LINE OF THE NORTH 7.00 FEET OF THE SAID
LOTS 1 AND 2, SPARKS TRACT;
THENCE SOUTH 89 DEGREES 46 MINUTES 58 SECONDS EAST ALONG THE
SAID SOUTH LINE A DISTANCE OF 183.74 FEET;
THENCE SOUTH 119.41 FEET;
THENCE EAST 109.00 FEET TO THE POINT OF BEGINNING;
EXCEPT THEREFROM THAT PORTION THEREOF LYING WEST OF THE
NORTH PROLONGATION OF LINE "A" DESCRIBED BELOW AND NORTH OF
THE LINE DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 6;
THENCE NORTH 89 DEGREES 46 MINUTES 58 SECONDS WEST ALONG THE
NORTH LINE OF SAID SECTION 6 A DISTANCE OF 294.85 FEET;
THENCE SOUTH 00 DEGREES I 3 MINUTES 02 SECONDS WEST A DISTANCE OF
40.00 FEET TO THE SOUTHWEST CORNER OF THE NORTH 7.00 FEET OF THE
EAST 262.00 FEET OF SAID LOT 2;
THENCE SOUTH ALONG THE WEST LINE OF SAID EAST 262.00 FEET A
DISTANCE OF I 19.00 FEET; THENCE WEST A DISTANCE OF 109.00 FEET;
THENCE NORTH ALONG A LINE DESIGNATED HEREIN AS LINE "A", TO THE
SOUTH LINE OF THE NORTH 12.00 FEET OF SAID LOT 2 AND THE POINT OF
BEGINNING;
THENCE WEST ALONG SAID SOUTH LINE TO THE WEST LINE OF THE EAST
449.33 FEET OF THE SAID SECTION 6, BEING THE POINT CURVATURE OF A
CIRCULAR CURVE CONCAVE SOUTH, HAYING A RADIUS OF 8641.99 FEET;
THENCE WEST ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 00 DEGREES 57 MINUTES 07 SECONDS A DISTANCE OF 143.58
FEET TO THE WEST LINE OF SAID LOT I AND THE
TERMINUS OF THE LINE DESCRIBED HEREIN;
EXCEPT THE NORTH 7.00 FEET THEREOF.
PARCEL NO. 2:
AN EASEMENT FOR INGRESS AND EGRESS AND PUBLIC UTILITIES, OVER THE
WEST 24.00 FEET OF THE FOLLOWING DESCRIBED PARCEL:
FROM THE NORTHEAST CORNER OF THE SAID NORTHEAST QUARTER,
SECTION 6, TOWNSHIP I NORTH, RANGE 4 EAST OF THE GILA AND SALT RIVER
BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA;
THENCE NORTH 89 DEGREES 46 MINUTES 58 SECONDS WEST ALONG THE
NORTH LINE OF THE SAID NORTHEAST QUARTER, SECTION 6 A DISTANCE
OF 294.85 FEET;
THENCE SOUTH 00 DEGREES I 3 MINUTES 02 SECONDS WEST, 40.00 FEET
TO THE POINT OF BEGINNING, SAID POINT BEING THE SOUTHWEST
CORNER OF THE NORTH 7.00 FEET OF THE EAST 262.00 FEET OF THE SAID
LOT 2, SPARKS TRACT;
THENCE SOUTH ALONG THE WEST LINE OF THE EAST 262.00 FEET OF LOT 2,
SPARKS TRACT, A DISTANCE OF 119.00 FEET;
THENCE WEST 109.00 FEET;
THENCE NORTH 119.41 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH
7.00 FEET OF THE SAID LOT 2, SPARKS TRACT;
THENCE SOUTH 89 DEGREES 46 MINUTES 58 SECONDS EAST ALONG THE
SAID SOUTH LINE A DISTANCE OF 109.00 FEET TO THE POINT OF
BEGINNING, AS CREATED IN DOCUMENT RECORDED AS DOCKET 16272
PAGE 110 AND AMENDED IN DOCUMENT RECORDED AS 83-081470 OF
OFFICIAL RECORDS.
PARCEL NO. 3:
AN EASEMENT FOR PARKING OVER ALL PARKING AREAS CONSTRUCTED ON
THE OFFICE PARCEL WHICH SAID OFFICE PARCEL IS DESIGNATED ON
EXHIBIT "B" OF DOCUMENT RECORDED AS DOCKET 16272, PAGE 110, AS
CREATED BY DOCUMENT RECORDED AS DOCKET 16272, PAGE 110