Attachment A - Draft Ordinance - Z-19-23-5.pdf

City of Phoenix — Formal (2023-10-04)

Extracted text (via pymupdf) 11038 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 ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-19-23-5) FROM R1-6 (SINGLE-FAMILY
RESIDENCE DISTRICT) TO R-3A (MULTIFAMILY RESIDENCE
DISTRICT).

____________

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 6.50-acre site located approximately 500 feet
south of the southeast corner of 75th Avenue and Camelback Road in a portion of
Section 24, Township 2 North, Range 1 East, as described more specifically in Exhibit
“A,” is hereby changed from “R1-6” (Single-Family Residence District) to “R-3A”
(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 site shall be limited to no more than a total of 112 dwelling units.

2.
Buildings shall be set back an average of 45 feet from the southern property
line, but in no case shall a building be closer than 15 feet and in no case shall
a building with more than 75 feet of building facade directly facing the southern
property line be any closer than 60 feet, as approved by the Planning and
Development Department.

3.
The site shall maintain common area of at least 10 percent of the gross
acreage, which may include both active and passive open space, as approved
by the Planning and Development Department.

4.
The on-site amenities shall include at least a pool, clubhouse, outdoor BBQ
area, tot lot, and dog run, as approved by the Planning and Development
Department.

5.
The maximum building height shall be 30 feet. Architectural detailing above 30
feet may be added for no more than 25% of any building facade and in no case
shall such detailing exceed 33 feet, as approved by the Planning and
Development Department.

6.
The south landscape setback shall be planted with minimum 2-inch caliper,
drought tolerant shade trees planted 20 feet on center or in equivalent
groupings, 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.

7.
Resident bicycle parking shall be provided at a rate of 0.25 spaces per dwelling
unit, up to a maximum of 50 spaces, as approved by the Planning and
Development Department. These spaces shall be located near building
entrances or common areas and may be provided through a combination of
inverted U- bicycle racks, artistic style racks, “Secure/Covered Facilities” or
“Outdoor/Covered Facilities” as defined in Appendix K or the Comprehensive
Bicycle Master Plan.

8.
A minimum of 5% of the required parking spaces shall be Electric Vehicle (EV)
Capable.

9.
Where pedestrian pathways cross drive aisles, they shall be constructed of
decorative pavers, stamped, or colored concrete, or other pavement treatments
(such as striping), as approved by the Planning and Development Department.

10. A minimum of 70 feet of right-of-way shall be dedicated along the east side of
75th Avenue, as approved by the Planning and Development Department.

11. The existing attached sidewalk along 75th Avenue shall be detached to connect
to the existing detached sidewalk. The sidewalk shall be minimum 5-feet-wide
with a minimum 9-foot-wide landscape area between back of curb and sidewalk
to match the existing sidewalk condition on the southwest portion of the site, as
approved by the Planning and Development Department.

12. The landscape area within the 75th Avenue right-of-way between the back of
curb and sidewalk shall be planted with minimum 2-inch caliper, single trunk,
drought tolerant shade trees placed 20 feet on center and near the sidewalk, 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.

13. A minimum of one 8-foot-wide shaded pedestrian pathway constructed of
decorative material such as brick, pavers, or alternative material shall be
provided up to the eastern property line to access the Grand Canal Trail, as
approved by the Planning and Development Department.

14. 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.

15. 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.

16. 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 (3 Pages)
B – Ordinance Location Map (1 Page)

EXHIBIT A

The Land referred to herein below in situated in the County of Maricopa, State of
Arizona, and is described as follows:

PARCEL NO. 1:

THAT PART OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 2
NORTH, RANGE 1 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT 40 FEET EAST AND 33 FEET SOUTH OF THE
NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF SECTION 24,
TOWNSHIP 2 NORTH, RANGE 1 EAST;

THENCE SOUTH ALONG A LINE PARALLEL WITH AND 40 FEET EAST OF THE
WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 532.90 FEET TO
THE TRUE POINT OF BEGINNING;

THENCE EAST 508.25 FEET ALONG A LINE PARALLEL WITH THE NORTH LINE OF
SAID SECTION 24, TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF THE
GRAND CANAL;

THENCE SOUTH 41 DEGREES 56 MINUTES 30 SECONDS EAST, ALONG THE
SOUTH RIGHT-OF-WAY OF SAID GRAND CANAL 217.31 FEET TO A POINT;

THENCE WEST PARALLEL WITH THE NORTH SECTION LINE, A DISTANCE OF
656.25 FEET TO A POINT ON THE EAST LINE OF 75TH AVENUE, SAID POINT
BEING 40 FEET EAST AND 1877 FEET NORTH OF THE WEST QUARTER CORNER
OF SAID SECTION 24;

THENCE NORTH 160.00 FEET ALONG SAID EAST LINE, TO THE TRUE POINT OF
BEGINNING.

EXCEPT THE WEST 30 FEET THEREOF.

PARCEL NO. 2:

THE NORTH HALF OF THAT PART OF THE NORTHWEST QUARTER OF SECTION
24, TOWNSHIP 2 NORTH, RANGE 1 EAST OF THE GILA AND SALT RIVER BASE
AND MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT 70 FEET EAST AND 33 SOUTH OF THE NORTHWEST
CORNER OF SAID NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 2
NORTH, RANGE 1 EAST;

THENCE SOUTH ALONG A LINE PARALLEL WITH AND 70 FEET EAST OF THE
WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 532.90 FEET TO
THE TRUE POINT OF BEGINNING;

THENCE NORTH A DISTANCE OF 60 FEET POINT;

THENCE EAST 452.96 FEET ALONG A LINE PARALLEL WITH THE NORTH LINE OF
SECTION 24 TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF THE GRAND
CANAL;

THENCE SOUTH ALONG THE SOUTH RIGHT-OF-WAY LINE OF THE GRAND
CANAL TO A POINT BEING THE NORTHEAST CORNER OF THE PROPERTY
CONVEYED IN JOINT TENANCY WARRANTY DEED RECORDED AS DOCKET
6900, PAGE 365;

THENCE SOUTH 89 DEGREES 37 MINUTES 50 SECONDS WEST A DISTANCE OF
502.96 FEET TO THE TRUE POINT OF BEGINNING.

PARCEL NO. 3:

THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 2
NORTH, RANGE 1 EAST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:

COMMENCING AT A POINT 70.00 FEET EAST AND 33.00 FEET SOUTH OF THE
NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 24;

THENCE SOUTH, ALONG A LINE PARALLEL TO AND 70.00 FEET EAST OF THE
WEST LINE OF SAID NORTHWEST QUARTER, 692.90 FEET TO THE POINT OF
BEGINNING;

THENCE EAST 656.25 FEET, ALONG A LINE PARALLEL TO THE NORTH LINE OF
SAID SECTION 24, TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF THE
GRAND CANAL;

THENCE SOUTH 41 DEGREES 56 MINUTES 30 SECONDS EAST, 237.68 FEET
ALONG THE SOUTH RIGHT-OF-WAY OF THE GRAND CANAL;

THENCE WEST, 817.92 FEET TO A POINT ON THE EAST LINE OF 75TH AVENUE,
SAID POINT BEING 70.00 FEET EAST AND 1702.00 FEET NORTH OF THE WEST
QUARTER CORNER OF SAID SECTION 24;

THENCE NORTH 175.00 FEET ALONG SAID EAST LINE TO THE POINT OF
BEGINNING.