Attachment A - Draft Ordinance - Z-18-21-8.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 ORDINANCE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN
(CASE Z-18-21-8) FROM R1-10 BAOD (SINGLE-FAMILY
RESIDENCE DISTRICT, BASELINE AREA OVERLAY DISTRICT)
TO R-3A BAOD (MULTIFAMILY RESIDENCE DISTRICT,
BASELINE AREA OVERLAY DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 5.10-acre site located at the northwest
corner of 10th Street and Baseline Road in a portion of Section 33, Township 1 North,
Range 3 East, as described more specifically in Exhibit “A”, is hereby changed from
“R1-10 BAOD” (Single-Family Residence District, Baseline Area Overlay District) to
“R-3A BAOD” (Multifamily Residence District, Baseline Area Overlay 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.
Building elevations shall be developed to the following standards, as approved by
the Planning and Development Department:
a.
Building elevations shall contain multiple colors, exterior accent materials
and textural changes that exhibit quality and durability such as brick, stone,
colored textured concrete or stucco, or other materials to provide a
decorative and aesthetic treatment.
b.
Building elevations adjacent and oriented to public streets, shall contain a
minimum of 25 percent brick, masonry, stone or another exterior accent
material that exhibits quality and durability.
c.
All building elevations shall contain architectural embellishments and
detailing such as textural changes, pilasters, offsets, recesses, variation in
window size and location, pitched roofs and/or overhang canopies.
2.
The standards contained in Section 651.E.1. (BAOD Streetscape Design
Guidelines and Standards) and the approved street cross section shall apply, in
addition to the below enhancements, and as approved or modified by the Planning
and Development Department.
a.
Minimum 50-percent 3-inch caliper large canopy shade trees selected from
the Baseline Area Master Plan Plant List shall be provided for the required
trees within the applicable area.
b.
The detached sidewalk along Baseline Road shall be shaded to a minimum
75 percent by vegetative shade at maturity.
c.
The bus pad along Baseline Road shall be shaded to a minimum of 50
percent by vegetative shade at maturity.
d.
The developer shall dedicate a 30-foot-wide multi-use trail easement
(MUTE) along the north side of Baseline Road, and construct a 10-foot-wide
multi-use trail (MUT) within the easement as indicated in Section 429 of the
City of Phoenix MAG Supplement. The MUT shall be shaded to a minimum
50 percent by vegetative shade at maturity.
3.
A minimum 10-foot wide landscape area shall be provided along the east and west
sides of the site, while a minimum 15-foot wide landscape area shall be provided
along the north side of the site, and each developed to the following standards at a
minimum, as approved by the Planning and Development Department:
a.
Large canopy drought-tolerant trees 20 feet on center, or in equivalent
groupings, shall be utilized unless otherwise stated.
b.
Twenty-five percent 1.5-inch caliper, 50 percent 2-inch caliper and 25
percent 3-inch caliper trees shall be utilized.
c.
Five 5-gallon shrubs per tree, and additional shrubs or live groundcover,
shall provide minimum 75 percent live cover at mature size.
d.
Trees along the north side of the site shall be oriented in a manner that
maximizes the shade along the adjacent Western Canal.
e.
The plantings shall be in conformance to the Baseline Area Master Plan
Plant List or their equivalents.
Where utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions consistent with a
pedestrian environment.
4.
The development shall provide a minimum of 5,000 square feet of active open
space, exclusive of usable outdoor open space required per bed, no less than 20
feet in width or 200 square feet in area, along the Western Canal and include the
following amenities and elements at a minimum, as approved by the Planning and
Development Department:
a.
Shaded seating area/s with three benches or seating features and/or
ramadas; One of these benches or seating features shall be located within
close proximity to the Western Canal.
b.
Tree orchard and/or community garden area/s of no less than a combined
500 square feet that will include a garden tool library and irrigation.
5.
Open space areas shall contain a minimum of 50 percent live vegetative cover
(shrubs, grasses, or groundcover plants), as approved by the Planning and
Development Department.
6.
Perimeter walls adjacent to a public street and the Western Canal shall be limited
to open view fencing or a combination of maximum three feet of solid masonry
topped by open view fencing, as approved by the Planning and Development
Department.
7.
A pedestrian circulation plan shall be provided prior to preliminary site plan
approval to show a system of pedestrian thoroughfares as described below and as
approved or modified by the Planning and Development Department:
a.
The developer shall provide a minimum of two pedestrian paths connecting
to the sidewalk along 10th Street, exclusive of pedestrian connections
adjacent to vehicular entryways.
b.
A pathway connecting the site north to south shall be illuminated by
pedestrian scale lighting per Section 1304(H)5.
c.
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. Vehicular crossings shall be kept to a minimum.
d.
Connections to/between via the most direct route:
(1)
All buildings on site.
(2)
All active open space areas.
(3)
Adjacent public sidewalks.
(4)
Western Canal (one connection minimum from this development).
(5)
Bus pad along Baseline Road.
8.
The primary entryway to the development shall include the following elements, as
approved by the Planning and Development Department:
a.
Landscaped accent areas a minimum of 300 square feet in area on both
sides of the entryway and be planted and maintained with a variety of at
least three plant materials including a series of annuals that will each
maintain a constant bloom throughout the year and 75 percent live cover.
b.
Citrus trees arranged in a grid pattern shall be incorporated into the
entrance to the development.
c.
The plantings shall be in conformance to the Baseline Area Master Plan
Plant List or their equivalents.
d.
The entry driveway surface (outside of the right-of-way) shall be constructed
of decorative pavers, stamped or colored concrete, or another material,
other than those used to pave the parking surfaces, as approved by the
Planning and Development Department.
9.
Pedestrian paths internal within the site shall be shaded to a minimum of 75
percent using architectural shade and/or shade trees at full maturity, 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 percent shade at maturity, as approved by
Planning and Development Department.
11.
The public sidewalk along 10th Street shall be detached with a minimum five-foot
wide continuous landscaped strip located between the sidewalk and back of curb
and planted to the following standards, as approved by the Planning and
Development Department:
a.
Minimum 2-inch caliper large canopy drought-tolerant shade trees placed a
minimum of 25 feet on center or in equivalent groupings.
b.
Drought tolerant shrubs/groundcover designed to grow to a maximum
mature height of 24 inches and achieve 75 percent live coverage.
c.
The detached sidewalk along 10th Street shall be shaded to a minimum 75
percent by vegetative shade at maturity.
d.
The plantings shall be in conformance to the Baseline Area Master Plan
Plant List or their equivalents.
Where utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions consistent with a
pedestrian environment.
12.
Bicycle infrastructure shall be incorporated as described below and as approved
by the Planning and Development Department.
a.
A minimum of four bicycle parking spaces shall be provided through
Inverted U and/or artistic racks located near the building entrance and
installed 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.
b.
One bicycle repair station (“fix it station”) shall be provided and maintained
within close proximity to the Western Canal. 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: standard repair tools affixed to the station; a tire gauge and pump
affixed to the base of the station or the ground; and a bicycle repair stand
which allows pedals and wheels to spin freely while making adjustments to
the bike.
13.
The developer shall provide traffic calming measures at all vehicular points of
ingress and egress to slow vehicles departing the development and crossing the
public sidewalks, as approved by the Planning and Development Department.
14.
The Public Transit Department shall retain right-of-way and require construction of
a bus stop pad along westbound Baseline Road west of 10th Street. The bus stop
pad shall be constructed according to City of Phoenix Standard Detail P1262 with
a minimum depth of 10 feet, and with the final location to be approved by the
Public Transit Department.
15.
The developer shall dedicate a total of 30 feet of right-of-way for the west side of
10th Street, as approved by the Planning and Development Department.
16.
Existing irrigation facilities along Baseline Road and 10th Street shall be
undergrounded and/or relocated outside of City right-of-way. Contact SRP to
identify existing land rights and establish the appropriate process to relocate the
facility. The headwall at the northeast corner of the site shall be relocated outside
of City right-of-way. Relocations that require additional dedications or land transfer
require completion prior to obtaining plat and/or civil plan review approval.
17.
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.
18.
This parcel is in a Special Flood Hazard Area (SFHA) called Zone A, on panel
2220 M of the Flood Insurance Rate Maps (FIRM) dated September 18, 2020. 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 needs to be submitted to the
Floodplain Management section of Public Works Department for review and
approval of Floodplain requirements.
c.
If required, the developer shall provide a FEMA approved CLOMR-F or
CLOMR prior to issuance of a Grading and Drainage permit.
19.
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.
20.
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.
21.
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.
22.
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 1st day of July 2021.
________________________________
MAYOR
ATTEST:
____________________________City Clerk
APPROVED AS TO FORM:
____________________________City Attorney
REVIEWED BY:
____________________________City Manager
Exhibits:
A – Legal Description (2 Pages)
B – Ordinance Location Map (1 Page)
EXHIBIT A
LEGAL DESCRIPTION FOR Z-18-21-8
THAT PART OF FARM UNIT "L" OR THE SOUTH HALF OF THE SOUTHWEST
QUARTER OF SECTION 33, TOWNSHIP 1 NORTH, RANGE 3 EAST OF THE GILA
AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, LYING
SOUTH OF THE SOUTH LINE OF THE WESTERN CANAL RIGHT OF WAY,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SOUTHWEST QUARTER
WHICH BEARS WEST 709.44 FEET FROM THE SOUTHEAST CORNER THEREOF;
THENCE WEST 320.86 FEET ALONG THE SOUTH LINE OF SAID SOUTHWEST
QUARTER;
THENCE NORTH O DEGREES 8 MINUTES WEST 662.80 FEET TO THE SOUTH
RIGHT OF WAY LINE OF SAID WESTERN CANAL;
THENCE NORTH 84 DEGREES 18 MINUTES EAST 322.38 FEET ALONG SAID
CANAL RIGHT OF WAY LINE; THENCE SOUTH O DEGREES 08 MINUTES EAST
694.82 FEET TO THE PLACE OF BEGINNING;
EXCEPT THAT PORTION DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER;
THENCE WEST ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER A
DISTANCE OF 709.44 FEET;
THENCE NORTH O DEGREES 08 MINUTES WEST TO A POINT ON THE SOUTH
RIGHT OF WAY LINE OF THE WESTERN CANAL AND THE TRUE POINT OF
BEGINNING;
THENCE SOUTH O DEGREES 08 MINUTES EAST A DISTANCE OF 240 FEET;
THENCE NORTHERLY TO A POINT ON SAID SOUTH RIGHT OF WAY LINE WHICH
IS 8 FEET WESTERLY FROM THE TRUE POINT OF BEGINNING;
THENCE TO THE TRUE POINT OF BEGINNING; AND
EXCEPT THE SOUTH 55 FEET OF THAT PART OF THE SOUTHWEST QUARTER
OF SECTION 33, TOWNSHIP 1 NORTH, RANGE 3 EAST OF THE GILA AND SALT
RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SOUTHWEST QUARTER
WHICH BEARS WEST A
DISTANCE OF 709.44 FEET FROM THE SOUTHEAST CORNER THEREOF;
THENCE WEST ALONG SAID SOUTH LINE A DISTANCE OF 320.86 FEET;
THENCE NORTH O DEGREES 08 MINUTES WEST A DISTANCE OF 662.80 FEET
TO THE SOUTH RIGHT OF WAY LINE OF THE WESTERN CANAL;
THENCE NORTH 84 DEGREES 18 MINUTES EAST ALONG SAID SOUTH RIGHT OF
WAY LINE A DISTANCE OF 322.38 FEET;
THENCE SOUTH O DEGREES 08 MINUTES EAST, ALONG A LINE DESIGNATED
HEREIN AS LINE "A", A DISTANCE OF 694.82 FEET TO THE POINT OF
BEGINNING; AND
EXCEPT THAT PART OF SAID SOUTHWEST QUARTER DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF SAID SOUTH 55
FEET WITH SAID LINE "A";
THENCE NORTH O DEGREES 08 MINUTES WEST ALONG SAID LINE "A" A
DISTANCE OF 145 FEET;
THENCE SOUTH 89 DEGREES 52 MINUTES WEST A DISTANCE OF 20 FEET;
THENCE SOUTH O DEGREES 08 MINUTES EAST A DISTANCE OF 127 FEET;
THENCE SOUTHWESTERLY TO A POINT ON SAID NORTH LINE WHICH IS 38
FEET WESTERLY OF THE POINT OF BEGINNING;
THENCE TO THE POINT OF BEGINNING.