Attachment A - Draft Ordinance - Z-70-21-5.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-70-21-5) 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 development shall be in general conformance with the site plan date
stamped December 14, 2021, as modified by the following stipulations and
approved by the Planning and Development Department.
2.
All building elevations shall contain architectural embellishments and detailing
such as textural changes, pilasters, offsets, pop-outs, recesses, variation in
window size and location, pitched roofs and/or overhang canopies, as
approved by the Planning and Development Department.
3.
Building elevations adjacent and oriented to 75th Avenue and the Grand Canal
shall contain a minimum of 25 percent brick, masonry, stone or another exterior
accent material to provide a decorative and aesthetic treatment, as approved
by the Planning and Development Department.
4.
The south landscape setback shall be planted with minimum 3-inch caliper
trees planted 20 feet on center or in equivalent groupings, as approved by the
Planning and Development Department.
5.
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.
6.
The developer shall replenish the existing landscape area within the 75th
Avenue right-of-way with minimum 2-inch caliper large canopy shade trees
placed minimum 20-feet on center and near the sidewalk to provide thermal
comfort for pedestrians, 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.
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.
The developer shall dedicate 70 feet of right-of-way along the east side of 75th
Avenue, as approved by the Planning and Development Department.
9.
The developer shall construct a minimum of two 8-foot-wide shaded pedestrian
pathways constructed of decorative material such as brick, pavers or
alternative material providing access to the Grand Canal Trail, as approved by
the Planning and Development Department.
10.
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.
11.
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.
12.
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 2nd day of March,
2022.
________________________________
MAYOR
ATTEST:
_________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Cris Meyer, City Attorney
By:
_________________________
_________________________
REVIEWED BY:
_____________________________
Jeffrey Barton, City Manager
Exhibits:
A – Legal Description (3 Pages)
B – Ordinance Location Map (1 Page)
EXHIBIT A
LEGAL DESCRIPTION FOR Z-70-21-5:
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. PARCEL NO. 4:
THE SOUTH 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.