Attachment A - Draft Ordinance - Z-35-23-8.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-35-23-8) FROM S-1 (RANCH OR FARM
RESIDENCE), R1-6 (SINGLE-FAMILY RESIDENCE DISTRICT),
R-4 (MULTIFAMILY RESIDENCE DISTRICT), AND C-1
(NEIGHBORHOOD RETAIL) TO C-1 (NEIGHBORHOOD RETAIL).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 2.98-acre property located at the northeast
corner of 27th Avenue and Southern Avenue in a portion of Section 25, Township 1
North, Range 2 East, as described more specifically in Exhibit “A,” is hereby changed
from 0.28-acres of “S-1” (Ranch or Farm Residence), 0.62-acres of “R1-6” (Single-
Family Residence District), 0.15-acres of “R-4” (Multifamily Residence District), and
1.93 acres of “C-1” (Neighborhood Retail) to “C-1” (Neighborhood Retail).
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 development shall be in general conformance with the elevations date
stamped May 31, 2023 with specific regard to the brick veneer and synthetic
stucco building material, as approved by the Planning and Development
Department.
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.
Eight bicycle spaces shall be provided on the site through Inverted U and/or
artistic racks located near the building entrances or in a secure location inside
the building and installed per the requirements of Section 1307.H. of the
Phoenix Zoning Ordinance, as approved by the Planning and Development
Department.
4.
A minimum of two of the required bicycle parking spaces shall include standard
electrical receptacles for electric bicycle charging capabilities, as approved by
the Planning and Development Department
5.
Bicycle parking spaces shall be shaded by a structure, landscaping at maturity,
or a combination of the two to provide 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.
6.
A gateway feature announcing entry into the Rio Montaña Area shall be
provided on the southwest corner of the site, as approved by the Planning and
Development Department.
7.
Existing streetscape beginning at back of curb shall be replenished with trees
and ground cover along Southern Avenue, as specified below and 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 maintained to a maximum
height of 24 inches to achieve a minimum of 75% live coverage at
maturity.
c.
The streetscape shall be in compliance with the Cooperative Extensions
Plan for right tree, right place.
Where utility conflicts exist, the developer shall work with the Planning and
Development Department on an alternative design solution consistent with a
pedestrian environment.
8.
A 30-foot-wide multi-use trail easement (MUTE) shall be dedicated along the
east side of 27th Avenue and a minimum 10-foot-wide multi-use trail (MUT)
shall be constructed within the easement, in accordance with the MAG
supplemental detail and as approved or modified by the Planning and
Development Department.
9.
All pedestrian walkways, including sidewalks, shall be shaded by a structure,
landscaping at maturity, or a combination of the two to provide 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.
10.
All uncovered surface parking lot areas shall be landscaped with minimum 2-
inch caliper drought-tolerant shade trees. Landscaping shall be dispersed
throughout the parking area and achieve 25% shade at maturity, as approved
by Planning and Development Department.
11.
A minimum of 15% of the required parking spaces shall be Level 2 or greater
EV Ready.
12.
Access along Southern Avenue shall be located at the easternmost limits of the
parcel and shall be restricted to right-in / right-out only, or as approved by the
Street Transportation Department.
13.
Access on 27th Avenue shall be located at the northernmost limits of the parcel
and shall be restricted to right-in / right-out only, or as approved by the Street
Transportation Department.
14.
The developer shall construct all streets within and adjacent to the development
with paving, curb, gutter, sidewalk, curb ramps, streetlights, landscaping and
other incidentals, as per plans approved by the Planning and Development
Department. All improvements shall comply with all ADA accessibility
standards.
15.
The bus bay on northbound 27th Avenue shall be retained, as approved by the
Planning and Development Department.
16.
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.
17.
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.
18.
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.
19.
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 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 (1 Page)
B – Ordinance Location Map (1 Page)
EXHIBIT A
LEGAL DESCRIPTION FOR Z-35-23-8
The Southwest quarter of Section 25, Township 1 North, Range 2 East of the Gila and
Salt River Base and Meridian, Maricopa County, Arizona;
EXCEPT a triangular portion of land BEGINNING at a point of intersection of the East
line of the West 40.00 feet and the North line of the South 65.00 feet of said Section 25;
Thence Easterly along the North line of the South 65.00 feet a distance of 55.00 feet;
Thence Northwesterly to a point on the East line of the West 40.00 feet;
Thence Southerly along said East line a distance of 55.00 feet to the POINT OF
BEGINNING.
EXCEPT Lots 1 through 687 inclusive and Tracts A through Z inclusive Tracts AA
through ZZ inclusive and Tracts AAA through QQQ inclusive of the FINAL PLAT FOR
“LIBERTY”, according to Book 944 of maps, page 39, records of Maricopa County,
Arizona.