Attachement A - Draft Ordinance - Z-22-23-4.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-22-23-4) FROM R-3 (MULTIFAMILY
RESIDENCE DISTRICT) TO C-2 (INTERMEDIATE
COMMERCIAL) AND P-1 (PASSENGER AUTOMOBILE
PARKING, LIMITED).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of an 0.68 acre property located at the southwest
corner of 8th Street and Minnezona Avenue in a portion of Section 21, Township 2
North, Range 3 East, as described more specifically in Exhibit “A,” is hereby changed
from “R-3” (Multifamily Residence District) to 0.27-acres of “C-2” (Intermediate
Commercial) and 0.41-acres of “P-1” (Passenger Automobile Parking, Limited).
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:
Overall Site
1.
A minimum of 10% of the required parking spaces shall be EV ready.
2.
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 contrasts parking and drive aisle surfaces, as
approved by the Planning and Development Department.
3.
Pedestrian walkways shall be shaded by a structure, landscaping at maturity, or
a combination of the two to achieve a minimum of 75% shade, measured at
summer solstice at noon as shown on a shading study, as approved by the
Planning and Development Department.
4.
A minimum 5-foot-wide detached sidewalk separated by a minimum 6-foot-wide
landscape strip located between the back of curb and sidewalk shall be
constructed along the south side of Minnezona 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.
Drought tolerant shrubs, accents and vegetative groundcovers to achieve
a minimum of 75% live vegetative ground coverage at maturity.
5.
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.
6.
Landscape areas adjacent to the Grand Canal pathway shall be planted to the
following standards and maintained with a watering system, 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.
Drought tolerant shrubs, accents and vegetative groundcovers to achieve
a minimum of 75% live vegetative ground coverage at maturity.
Where utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions consistent with a
pedestrian environment.
7.
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.
8.
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.
9.
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.
10.
This parcel is in a Special Flood Hazard Area (SFHA) called Zone A, on panel
1740L of the Flood Insurance Rate Maps (FIRM) dated October 16, 2013. The
following requirements shall apply, as approved by the Planning and
Development Department:
a.
The Architect/Engineer is required to show the floodplain boundary limits
on the Grading and Drainage plan and ensure that impacts to the
proposed facilities have been considered, following the National Flood
Insurance Program (NFIP) Regulations (44 CFR Paragraph 60.3). This
includes, but not limited to provisions in the latest versions of the
Floodplain Ordinance of the Phoenix City Code.
b.
A copy of the Grading and Drainage Plan shall be submitted to the
Floodplain Management section of Public Works Department for review
and approval of Floodplain requirements.
c.
The developer shall provide a FEMA approved CLOMR-F or CLOMR
prior to issuance of a Grading and Drainage permit or provide floodplain
mitigation measures such as, but not limited to, floodproofing all
structures (permanent or non-permanent) to an elevation of one foot
above the base flood elevation and use flood resistant materials, as
approved by the Floodplain Management section of the Office of the City
Engineer.
11.
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.
C-2 Zoned Area (General Commercial District)
12.
An 8-foot-wide shaded pedestrian pathway shall be constructed of decorative
material such as brick, pavers or alternative material with access to the Grand
Canal Trail shall be provided, as approved by the Planning and Development
Department.
13.
Bicycle infrastructure shall be installed as described below and as approved by
the Planning and Development Department.
a.
Secured bicycle parking shall be provided at a rate of four spaces and
shall be installed as per the requirements of Section 1307.H of the
Phoenix Zoning Ordinance.as approved by the Planning and
Development Department.
b.
A bicycle repair station (“fix it station”) shall be provided and maintained
on site within an amenity area or near a primary site entrance. The
bicycle repair station (“fix it station”) shall be provided in an area of high
visibility and separated from vehicular maneuvering areas, where
applicable. The repair station shall include, but not be limited to:
i.
Standard repair tools affixed to the station.
ii.
A tire gauge and pump affixed to the base of the station or the
ground.
iii.
A bicycle repair stand which allows pedals and wheels to spin
freely while making adjustments to the bike.
c.
A minimum of 10% of the required bicycle parking spaces shall include
120-volt receptacles for electric bicycle charging capabilities.
P-1 Zone Area (Passenger Automobile Parking, Limited)
14.
A minimum 5-foot wide detached sidewalk, separated by a minimum 6-foot wide
landscape strip located between the back of curb and sidewalk, shall be
provided along 8th Street connecting the existing sidewalk from Minnezona
Avenue to the Grand Canal trail, 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.
15.
A minimum 10-foot wide landscape setback shall be provided along the north
and east property lines, 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.
Drought tolerant shrubs, accents and vegetative groundcovers to achieve
a minimum of 75% live vegetative ground coverage at maturity.
16.
A minimum 5, average 10-foot-wide landscape setback shall be provided from
the south property line.
17.
A minimum 10% of surface parking lot area, exclusive of perimeter landscape
setbacks, shall be landscaped and planted with minimum 2-inch caliper, large
canopy, drought-tolerant shade trees, dispersed throughout the parking area to
achieve a minimum of 25% shade at maturity, measured at summer solstice at
noon as shown on a shading study, as approved by the Planning and
Development Department.
18.
Right-of-way shall be dedicated for the west-half of 8th Street for a half-radius
45-foot radius cul-de-sac dedication at its southern termination.
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 4th day of October,
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-22-23-4 – C-2 ZONING AREA
BEING ALL THAT CERTAIN REAL PROPERTY TO BE ZONED C2 SITUATE IN THE
CITY OF PHOENIX, COUNTY OF MARICOPA, STATE OF ARIZONA DESCRIBED A
FOLLOWS:
PARCEL 1
THE WESTERLY 59.00 FEET OF LOTS 1, 3 AND 5, BLOCK 5 OF THE MINNEZONA
AMENDED, A SUBDIVISION OF THAT PART OF THE S1/2 OF SW1/4 OF NW1/4 OF
SECTION 21, T. 2 N., R. 3 E., GILA AND SALT RIVER BASE AND MERIDIAN, LYING
NORTH OF THE GRAND CANAL, MARICOPA COUNTY, ARIZONA AS FILED FOR
RECORD IN BOOK 17 OF MAPS AT PAGE 18.
EXCEPTING THEREFROM THAT PORTION OF LOT ONE GRANTED TO THE SALT
RIVER VALLEY WATER USERS ASSOCIATION, AN ARIZONA CORPORATION, BY
DEED RECORDED MARCH 12, 1928.
PARCEL 2
THAT PORTION OF THE ABANDONED ALLEY OF BLOCK 5 BEING THE
WESTERLY 8 FEET ADJACENT TO THE WEST LINES OF LOTS 1, 3 AND 5, BLOCK
5 OF SAID MINNEZONA AMENDED MAP MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 5, BLOCK 5 OF SAID
MINNEZONA AMENDED:
THENCE, SOUTH 0˚ 01’ 12” WEST, TO THE NORTH LINE OF THAT LAND
GRANTED TO THE SALT RIVER VALLEY WATER USERS ASSOCIATION A
DISTANCE OF 100.31 FEET;
THENCE, NORTH 84˚ 21’ 30” WEST, NORTHWESTERLY ALONG THE NORTH LINE
OF SAID LAND GRANTED TO THE SALT RIVER VALLEY WATER USERS
ASSOCIATION A DISTANCE OF 8.03 FEET;
THENCE, PARALLEL WITH THE WESTERLY LINE OF SAID LOTS 1, 2 AND 5,
BLOCK 5, NORTH 0˚ 01’ 12” EAST, TO A POINT ON THE SOUTH RIGHT OF WAY
LINE OF MINNEZONA AVENUE A DISTANCE OF 99.56 FEET;
THENCE, ALONG THE SOUTH RIGHT OF WAY LINE OF MINNEZONA AVENUE
NORTH 89˚ 54’ 10” EAST A DISTANCE OF 8.00 FEET TO THE POINT OF
BEGINNING.
LEGAL DESCRIPTION FOR Z-22-23-4 – P-1 ZONING AREA
BEING ALL THAT CERTAIN REAL PROPERTY TO BE ZONED P1 SITUATE IN THE
CITY OF PHOENIX, COUNTY OF MARICOPA, STATE OF ARIZONA DESCRIBED A
FOLLOWS:
PARCEL 1
A PORTION OF LOTS 1, 3 AND 5, BLOCK 5 OF THE MINNEZONA AMENDED, A
SUBDIVISION OF THAT PART OF THE S1/2 OF SW1/4 OF NW1/4 OF SECTION 21,
T. 2 N., R. 3 E., GILA AND SALT RIVER BASE AND MERIDIAN, LYING NORTH OF
THE GRAND CANAL, MARICOPA COUNTY, ARIZONA AS FILED FOR RECORD IN
BOOK 17 OF MAPS AT PAGE 18.
EXCEPTING THEREFROM THE WESTERLY 59 FEET OF LOTS 1, 3 AND 5.
ALSO EXCEPTING THEREFROM THAT PORTION OF LOT ONE GRANTED TO THE
SALT RIVER VALLEY WATER USERS ASSOCIATION, AN ARIZONA
CORPORATION, BY DEED RECORDED MARCH 12, 1928