Attachment A - Draft Ordinance - Z-80-22-5.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 (Z-80-22-5) FROM PSC TOD-1 (PLANNED SHOPPING
CENTER, INTERIM-TRANSIT ORIENTED ZONING OVERLAY
DISTRICT ONE) TO WU CODE T5:5 SL (WALKABLE URBAN
CODE, TRANSECT 5:5 DISTRICT, TRANSIT SOLANO
CHARACTER AREA).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 12.15-acre site located at the northwest
corner of 15th Avenue and Montebello Avenue in a portion of Section 18, Township 2
North, Range 3 East, as described more specifically in Exhibit “A,” is hereby changed
from “PSC TOD-1” (Planned Shopping Center, Interim-Transit Oriented Zoning Overlay
District One) to “WU Code T5:5 SL” (Walkable Urban Code, Transect 5:5 District,
Transit Solano Character Area).
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.
A building stepback regime shall be implemented along 15th Avenue as follows:
a. No structure taller than 24 feet or two stories shall be permitted within 60
feet of the 15th Avenue right-of-way line.
b. No structure taller than 36 feet or three stories shall be permitted within
150 feet of the 15th Avenue right-of-way line.
c. No structure taller than 48 feet or four stories shall be permitted within
210 feet of the 15th Avenue right-of-way line.
d. Maximum building height permitted under Walkable Urban Code T5:5
shall be permitted beyond 210 feet of the 15th Avenue right-of-way line.
2.
A minimum 10,000 square foot public open space area shall be provided nearby
the Montebello Avenue streetscape and/or the 15th Avenue streetscape, as
approved by the Planning and Development Department.
3.
A minimum of two north to south oriented paseos per Section 1304.H of the
Zoning Ordinance shall be provided, one of which shall be generally aligned with
the movie theater and the back entrance of the indoor mall, as approved by the
Planning and Development Department.
4.
The developer shall construct a minimum 6-foot-wide sidewalk and minimum 7-
foot-wide landscape strip located between the back of curb and sidewalk along
the north side of Montebello Avenue and the west side of 15th Avenue, as
approved by the Planning and Development Department.
5.
On-site pedestrian pathways shall be shaded to 50% by vegetative methods, as
approved by the Planning and Development Department.
6.
The developer shall deposit $200,000.00 in an escrow account to the Street
Transportation Department to fund a pedestrian crossing of Montebello Avenue
between15th and 17th Avenue, prior to final site plan approval during the
second phase of development. Improvements may consist of additional curb,
traffic control devices, signing and striping or as otherwise approved by the
Street Transportation Department. If the funds are not used after 5 years of
certificate of occupancy for the second phase, the developer may request that
the funds be returned from the Street Transportation Department.
7.
The developer shall construct a minimum 6-foot-wide concrete raised bike lane,
separated from the pedestrian sidewalk by a landscape strip, along the north
side of Montebello Avenue to delineate vehicular and bicycle traffic extending
from 15th Avenue to 17th Avenue during phase two of development, as
approved by the Street Transportation Department.
8.
The developer shall dedicate a minimum 8-foot-wide sidewalk easement along
the north side of Montebello Avenue, as approved by the Planning and
Development Department.
9.
The developer shall replenish the existing streetscape along 15th Avenue with
shade trees, as approved by the Planning and Development Department.
10.
The applicant shall submit a Traffic Impact Study to the City for this
development. No preliminary approval of plans shall be granted until the study
is reviewed and approved by the City.
11.
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.
12.
The developer shall incorporate bicycle infrastructure as described below and
as approved by the Planning and Development Department.
a. All required bicycle parking for multifamily use, per Section 1307.H.6.d of the
Phoenix Zoning Ordinance, shall be secured parking.
b. Guest bicycle parking for multifamily residential use shall be provided at a
minimum of 0.05 spaces per unit with a maximum of 50 spaces near
entrances of buildings and installed per the requirements of Section 1307.H.
of the Phoenix Zoning Ordinance.
c.
A bicycle repair station (“fix it station”) shall be provided and maintained by
the developer near a secure bicycle parking area.
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.
A minimum of one milkweed shrub, or other native nectar species, shall be
planted for every required tree in addition to the required shrubs, and shall be
planted in groups of three or more, as approved by the Planning and
Development Department.
15.
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 May, 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 (2 Pages)
B – Ordinance Location Map (1 Page)
EXHIBIT A
A PORTION OF THAT PARCEL DESCRIBED IN THE SPECIAL WARRANTY DEED
RECORDED AS DOCUMENT NUMBER 2015-0847552, RECORDS OF MARICOPA
COUNTY, ARIZONA, RESIDING IN THE NORTHWEST QUARTER OF SECTION 18,
TOWNSHIP 2 NORTH, RANGE 3 EAST, OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED
AS FOLLOWS;
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 18, FROM
WHICH THE NORTHWEST QUARTER BEARS NORTH 90 DEGREES 00 MINUTES
00 SECONDS WEST, A DISTANCE OF 2,606.33 FEET, MORE OR LESS;
THENCE SOUTH 00 DEGREES 45 MINUTES 24 SECONDS EAST, ALONG THE
NORTH-SOUTH MID-SECTION LINE OF SAID SECTION 18, BEING THE
MONUMENT LINE OF 15TH AVENUE, A DISTANCE OF 1,001.40 FEET TO THE
POINT OF BEGINNING;
THENCE CONTINUING SOUTH 00 DEGREES 45 MINUTES 24 SECONDS EAST, A
DISTANCE OF 334.30 FEET TO THE CENTERLINE OF MONTEBELLO AVENUE;
THENCE ALONG SAID MONTEBELLO AVENUE CENTERLINE, SOUTH 89
DEGREES 59 MINUTES 00 SECONDS WEST, A DISTANCE OF 193.31 FEET TO A
POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 305.00 FEET;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 48 DEGREES 52 MINUTES 40 SECONDS, A DISTANCE OF
260.19 FEET;
THENCE SOUTH 41 DEGREES 06 MINUTES 20 SECONDS WEST, A DISTANCE OF
99.98 FEET TO A POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF 305.00
FEET;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 48 DEGREES 52 MINUTES 28 SECONDS, A DISTANCE OF
260.17 FEET;
THENCE SOUTH 89 DEGREES 58 MINUTES 48 SECONDS WEST, A DISTANCE OF
611.21 FEET;
THENCE DEPARTING THE CENTERLINE OF MONTEBELLOW AVENUE, NORTH 00
DEGREES 01 MINUTE 12 SECONDS WEST, A DISTANCE OF 349.26 FEET;
THENCE NORTH 89 DEGREES 58 MINUTES 48 SECONDS EAST, A DISTANCE OF
470.04 FEET;
THENCE NORTH 00 DEGREES 01 MINUTES 12 SECONDS WEST, A DISTANCE OF
155.00 FEET;
THENCE NORTH 89 DEGREES 58 MINUTES 48 SECONDS EAST, A DISTANCE OF
3.00 FEET;
THENCE NORTH 00 DEGREES 01 MINUTES 12 SECONDS WEST, A DISTANCE OF
36.10 FEET;
THENCE NORTH 32 DEGREES 57 MINUTES 06 SECONDS EAST, A DISTANCE OF
31.32 FEET;
THENCE NORTH 89 DEGREES 59 MINUTES 01 SECONDS EAST, A DISTANCE OF
379.28 FEET;
THENCE NORTH 87 DEGREES 05 MINUTES 25 SECONDS EAST, A DISTANCE OF
108.55 FEET;
THENCE NORTH 87 DEGREES 14 MINUTES 16 SECONDS EAST, A DISTANCE OF
247.29 FEET;
THENCE NORTH 00 DEGREES 43 MINUTES 32 SECONDS WEST, A DISTANCE OF
33.13 FEET;
THENCE NORTH 89 DEGREES 13 MINUTES 29 SECONDS EAST, A DISTANCE OF
101.13 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 529,129 SQUARE FEET OR 12.147 ACRES, MORE OR
LESS.