Attachment A - Draft Ordinance - Z-25-21-8.pdf

City of Phoenix — Formal (2021-09-08)

Extracted text (via pymupdf) 8689 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 ORDINANCE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN
(CASE Z-25-21-8) FROM C-1 (NEIGHBORHOOD RETAIL
DISTRICT) AND C-3 (GENERAL COMMERCIAL DISTRICT) TO
WU CODE T5:5 GW (WALKABLE URBAN CODE, TRANSECT 5:5
DISTRICT, TRANSIT GATEWAY CHARACTER AREA).

____________

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 5.23-acre site located approximately 282 feet
west of the northwest corner of 23rd Street and Van Buren Street in a portion of Section
3, Township 1 North, Range 3 East, as described more specifically in Exhibit “A”, is
hereby changed from 0.69 acres of “C-1” (Neighborhood Retail District) and 4.54 acres
of “C-3” (General Commercial District) to 5.23 acres of “WU Code T5:5 GW” (Walkable
Urban Code, Transect 5:5 District, Transit Gateway Character Area).
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 developer shall provide a minimum 5-foot-wide landscape area located
between the sidewalk and the building along the north half of Van Buren Street.

2.
The developer shall provide a minimum 11-foot-wide landscape area located
between the sidewalk and back of curb along the south half of Polk Street, as
approved by the Planning and Development Department.

3.
In addition to the bicycle parking requirements per Section 1307.H.6 of the
Phoenix Zoning Ordinance, the developer shall provide and maintain the
following bicycle infrastructure as described below and as approved by the
Planning and Development Department.

a.
Guest bicycle parking for multifamily residential use shall be provided at
a minimum of 0.05 spaces per unit with a maximum of 50 spaces near
entrances of buildings and installed per the requirements of Section
1307.H. of the Phoenix Zoning Ordinance.

b.
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.
The developer shall dedicate a minimum 10-foot-wide sidewalk easement for
the north side of Van Buren Street, as approved by the Planning and
Development Department.

5.
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.

6.
Clearly defined, accessible pedestrian pathways shall be provided to connect
building entrances, bus stop pads, and public sidewalks, using the most direct
route for pedestrians, as approved by the Planning and Development
Department.

7.
Where pedestrian pathways cross drive aisles, they shall be constructed of
decorative pavers, stamped or colored concrete, or other pavement treatments
that visually contrast with the adjacent parking and drive aisle surfaces, as
approved by the Planning and Development Department.

8.
Trees shall be placed to provide 75 percent shade coverage on all pedestrian
pathways and sidewalks at full maturity. Shade structures may be used to meet
the shade requirement in places where trees are unable to be located, as
approved by the Planning and Development Department.

9.
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.

10.
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.

11.
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.

12.
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.

13.
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.

14.
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.

15.
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 8th day of September,
2021.

________________________________

MAYOR

ATTEST:

_________________________
Denise Archibald, City Clerk

APPROVED AS TO FORM:
Cris Meyer, City Attorney

By:
_________________________
_________________________

REVIEWED BY:

_________________________
Ed Zuercher City Manager

Exhibits:
A – Legal Description (1 Page)
B – Ordinance Location Map (1 Page)

EXHIBIT A

LEGAL DESCRIPTION FOR Z-25-21-8:

116-01-085A

Lot 4 of the subdivision of the Southeast quarter of Section 3, Township I North, Range
3 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona,
according to Book I of Maps, page 41, records of Maricopa County, Arizona;

EXCEPTING the East I00 feet therefrom, and the West I foot therefrom; and
EXCEPT BEGINNING at a point which is 33 .05 feet North 0 degrees 08 minutes East
from the South section line, said point being North 89 degrees 24 minutes West, a
distance of I 024.05 feet from the Southeast comer of said Section 3;

thence North 0 degrees 08 minutes East, a distance of 10.15 feet; thence North 89
degrees 24 minutes West, a distance of 314 feet; thence South 0 degrees 08 minutes
West, a distance of 11.29 feet to the South property line of said Lot 4; thence South 89
degrees 52 minutes East, a distance of 314 feet to the PLACE OF BEGINNING.

116-01-086

The East 100 feet of Lot Four (4) of the subdivision of the Southeast quarter of Section
Three (3), Township One (1) North, Range Three (3) East of the Gila and Salt River
Base and Meridian, according to the plat of record in the office of the County Recorder
of Maricopa County, Arizona in Book 1of Maps, page 41.

116-01-087