Attachment A - Draft Ordinance - Z-11-23-6 .pdf
Extracted text (via pymupdf)
9377 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-11-23-6) FROM C-3 (GENERAL
COMMERICAL) AND A-1 (LIGHT INDUSTRIAL DISTRICT) TO
R-5 (MULTIFAMILY RESIDENCE DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 5.69-acre site located approximately 1,070
feet west of the southwest corner of 55th Street and Van Buren Street in a portion of
Section 8, Township 1 North, Range 4 East, as described more specifically in Exhibit
“A,” is hereby changed from 4.08 acres of “C-3” (General Commercial) and 1.61
acres of “A-1” (Light Industrial District) to “R-5” (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.
Bicycle infrastructure shall be provided as described below, located near
entrances of buildings and installed per the requirements of Section 1307.H of
the Phoenix Zoning Ordinance. Bicycle parking spaces shall be provided
through inverted U and/or artistic racks. Artistic racks shall adhere to the City of
Phoenix Preferred Designs in Appendix K of the Comprehensive Bicycle Master
Plan, as approved by the Planning and Development Department.
a.
Secured bicycle parking shall be provided at a rate of 0.25 spaces per
dwelling unit, up to a maximum of 50 spaces.
b.
Guest bicycle parking shall be provided at a minimum of 0.05 spaces per
dwelling unit, up to a maximum of 50 required spaces.
c.
120-volt receptacle shall be installed for a minimum of 10% of the
required secured bicycle parking spaces for electric bicycle charging
capabilities.
d.
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 based 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.
2.
A minimum 10% of the required parking spaces shall provide EV installed
infrastructure, as approved by the Planning and Development Department.
3.
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.
4.
Right-of-way shall be dedicated and a bus stop pad shall be constructed along
eastbound Van Buren Street. The bus stop pad shall be constructed according
to City of Phoenix Standard Detail P1260 with a minimum depth of 10 feet and
shall be spaced from an intersection according to City of Phoenix Standard
Detail P1258. The bus stop pad shall be shaded a minimum of 75% by a
combination of structural shade and/or vegetative cover, as approved by the
Planning and Development Department.
5.
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.
6.
Right-of-way totaling 65-feet shall be dedicated for the south half of Van Buren
Street, as approved by the Planning and Development Department.
7.
A minimum 6-foot-wide detached sidewalk separated by a minimum 10-foot-
wide landscape strip located between the back of curb and sidewalk along the
south side of Van Buren Street, as approved by the Planning and Development
Department.
8.
The existing median in Van Buren Street shall be extended to the eastern
parcel line of the subject parcel and a 40-foot P-1243-5 right-in/right-out/left-in
only driveway shall be provided per the approved Traffic Impact Analysis and
as approved by the Planning and Development Department.
9.
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 City. All improvements shall comply with all ADA accessibility standards.
10.
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.
11.
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.
12.
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.
13.
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.
14.
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 3rd day of July,
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-11-23-6
A PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 8, TOWNSHIP 1 NORTH, RANGE 4 EAST OF THE GILA AND SALT
RIVER BASE AND MERIDIAN, MARICOPA COUNTY ARIZONA, MOR
PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 8;
THENCE SOUTH 89 DEGREES 41 MINUTES 00 SECONDS EAST ALONG THE
NORTH LINE OF SAID NORTHEAST QUARTER A DISTANCE OF 662.72 FEET TO
A POINT ON THE NORTHERLY PROLONGATION OF THE EAST LINE OF LOT 1
AS SHOWN ON THE FINAL PLAT FOR 202 & VAN BUREN, RECORDED IN BOOK
1355 OF MAPS, PAGE 02, RECORDS OF SAID COUNTY, SAID POINT BEING
THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 89 DEGREES 41 MINUTES 00 SECONDS EAST
ALONG SAID NORTH LINE A DISTANCE OF 250.69 FEET TO A POINT ON THE
NORTHERLY PROLONGATION OF THE WEST LINE OF THE CONDOMINIUM
PLAT OF RIVERWALK CONDOMINIUM, RECORDED IN BOOK 826 OF MAPS,
PAGE 11, RECORDS OF SAID COUNTY;
THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST ALONG SAID
NORTHERLY PROLONGATION AND THE WEST LINE OF SAID RIVERWALK
CONDOMINIUM A DISTANCE OF 940.01 FEET TO THE SOUTHWEST CORNER
OF SAID RIVERWALK CONDOMINIUM;
THENCE NORTH 89 DEGREES 41 MINUTES 00 SECONDS WEST A DISTANCE
OF 280.32 FEET TO THE EAST LINE OF SAID LOT 1;
(THE FOLLOWING THREE CALLS ARE CONTERMINOUS WITH SAID
NORTHERLY PROLONGATION AND THE EAST LINE OF SAID LOT 1)
THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS WEST A DISTANCE
OF 674.95 FEET;
THENCE SOUTH 89 DEGREES 41 MINUTES 00 SECONDS EAST A DISTANCE
OF 28.94 FEET;
THENCE NORTH 00 DEGREES 09 MINUTES 00 SECONDS EAST A DISTANCE
OF 265.06 FEET TO THE POINT OF BEGINNING;
APN: 124-13-014, 124-13-015, 124-13-016A, 124-14-025
Gross Acreage: 247,856.4 sq ft (5.69 acres)