Attachment A - Draft Ordinance - Z-86-22-8.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 ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-86-22-8) FROM R-4 TOD-2 (MULTIFAMILY
RESIDENCE DISTRICT, INTERIM TRANSIT-ORIENTED ZONING
OVERLAY DISTRICT TWO) AND A-1 TOD-2 (LIGHT INDUSTRIAL
DISTRICT, INTERIM TRANSIT-ORIENTED ZONING OVERLAY
DISTRICT TWO) TO WU CODE T4:3 GW (WALKABLE URBAN
CODE, TRANSECT 4:3 DISTRICT, TRANSIT GATEWAY
CHARACTER AREA) AND WU CODE T5:5 GW (WALKABLE
URBAN CODE, TRANSECT 5:5 DISTRICT, TRANSIT GATEWAY
CHARACTER AREA).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 2.39 acre site located approximately 250 feet
east of the northeast corner of 25th Street and Washington Street in a portion of Section
11, Township 1 North, Range 3 East, as described more specifically in Exhibit “A,” is
hereby changed from 0.80 acres of “R-4 TOD-2” (Multifamily Residence District, Interim
Transit-Oriented Zoning Overlay District Two) and 1.59 acres of “A-1 TOD-2” (Light
Industrial District, Interim Transit-Oriented Zoning Overlay District Two), to 0.80 acres of
“WU Code T4:3 GW” (Walkable Urban Code, Transect 4:3 District, Transit Gateway
Character Area) and 1.59 acres of “WU Code T5:5 GW” (Walkable Urban Code,
Transect 5:5 District, Transit Gateway 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 minimum of one common entry shall be provided for each street frontage,
except for buildings where every unit has private entry directly to the street,
as approved by the Planning and Development Department.
2.
The development shall incorporate bicycle infrastructure as described below
and as approved by the Planning and Development Department.
a.
A minimum of half of 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 on the site. The
station shall include but not limited to: standard repair tools affixed to the
station; a tire gauge and pump; and a bicycle repair stand which allows
pedals and wheels to spin freely while making adjustments to the bike,
as approved by the Planning and Development Department.
3.
The public sidewalk along Washington Street shall be constructed to a
minimum width of 8 feet and detached from the back of curb by a minimum
10-foot-wide landscape area, as approved by the Planning and Development
Department.
4.
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.
5.
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.
6.
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.
7.
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.
8.
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.
9.
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 (3 Pages)
B – Ordinance Location Map (1 Page)
EXHIBIT A
DESCRIPTION FOR 2522, 2524 & 2532 E. WASHINGTON STREET,
PHOENIX, AZ 85034 FOR REZONING
A PORTION OF THE NORTH 50.00 FEET OF WASHINGTON STREET AND A
PORTION OF THOSE PARCELS DESCRIBED IN WARRANTY DEED RECORDED IN
DOCUMENT NO. 2022-0387544, AND SPECIAL WARRANTY DEED RECORDED IN
DOCUMENT NO. 2020-0887101, RECORDS OF MARICOPA COUNTY, ARIZONA,
LOCATED IN THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 1 NORTH,
RANGE 3 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA
COUNTY, ARIZONA, BEING MORE PARTTCULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE 3-INCH BRASS CAP IN HANDHOLE (0.70' DOWN)
MARKING THE NORTHWEST CORNER OF SAID SECTION 11 FROM WHICH A
STONE IN HANDHOLE (1.20' DOWN) MARKING THE NORTH QUARTER CORNER
OF SAID SECTION 11, BEARS SOUTH 89 DEGREES 44 MINUTES 54 SECONDS
EAST 2635.61 FEET, SAID DESCRIBED LINE BEING THE BASIS OF BEARINGS OF
THIS DESCRIPTION.
THENCE SOUTH 00 DEGREES 24 MINUTES 47 SECONDS WEST 1117.43 FEET
ALONG THE WEST LINE OF SAID NORTHWEST QUARTER TO ITS INTERSECTION
WITH THE MONUMENT LINE OF WASHINGTON STREET;
THENCE SOUTH 89 DEGREES 25 MINUTES 40 SECONDS EAST 978.15 FEET
ALONG SAID MONUMENT LINE TO THE SOUTHERLY PROLONGATION OF THE
WEST LINE OF THAT PARCEL DESCRIBED IN SAID DOCUMENT NO. 2020-
0887101, AND THE POINT OF BEGINNING;
THENCE NORTH 00 DEGREES 25 MINUTES 09 SECONDS EAST 204.84 FEET
ALONG SAID WEST LINE TO THE NORTH LINE OF SAID PARCELS;
THENCE SOUTH 89 DEGREES 44 MINUTES 36 SECONDS EAST 339.45 FEET
ALONG THE NORTH LINE OF SAID PARCELS TO THE EAST LINE OF THAT
PARCEL DESCRIBED IN SAID DOCUMENT NO. 2022-0387544;
THENCE SOUTH 00 DEGREES 25 MINUTES 09 SECONDS WEST 206.71 FEET
ALONG SAID EAST LINE TO SAID MONUMENT LINE;
THENCE NORTH 89 DEGREES 25 MINUTES 40 SECONDS WEST 339.45 FEET
ALONG SAID MONUMENT LINE TO THE POINT OF BEGINNING.
COMPRISING 69,850 SQUARE FEET MORE OR LESS.
DESCRIPTION FOR 2529 E. ADAMS STREET, PHOENIX, AZ 85034 FOR REZONING
A PORTION OF THE SOUTH 30.00 FEET OF ADAMS STREET AND A PORTION OF
THAT PARCEL DESCRIBED IN WARRANTY DEED RECORDED IN DOCUMENT NO.
2022-0387544, RECORDS OF MARICOPA COUNTY, ARIZONA, LOCATED IN THE
NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 1 NORTH, RANGE 3 EAST
OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY,
ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE 3-INCH BRASS CAP IN HANDHOLE (0.70' DOWN)
MARKING THE NORTHWEST CORNER OF SAID SECTION 11 FROM WHICH A
STONE IN HANDHOLE (1.20' DOWN) MARKING THE NORTH QUARTER CORNER
OF SAID SECTION 11, BEARS SOUTH 89 DEGREES 44 MINUTES 54 SECONDS
EAST 2635.61 FEET, SAID DESCRIBED LINE BEING THE BASIS OF BEARINGS OF
THIS DESCRIPTION;
THENCE SOUTH 00 DEGREES 24 MINUTES 47 SECONDS WEST 742.98 FEET
ALONG THE WEST LINE OF SAID NORTHWEST QUARTER TO ITS INTERSECTION
WITH THE MONUMENT LINE OF ADAMS STREET;
THENCE SOUTH 89 DEGREES 44 MINUTES 36 SECONDS EAST 1153.19 FEET
ALONG SAID MONUMENT LINE TO THE NORTHERLY PROLONGATION OF THE
WEST LINE OF SAID PARCEL AND THE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 89 DEGREES 44 MINUTES 36 SECONDS EAST
100.00 FEET ALONG SAID MONUMENT LINE TO THE NORTHERLY
PROLONGATION OF THE EAST LINE OF SAID PARCEL;
THENCE SOUTH 00 DEGREES 25 MINUTES 09 SECONDS WEST 175.00 FEET
ALONG SAID EAST LINE;
THENCE NORTH 89 DEGREES 44 MINUTES 36 SECONDS WEST 100.00 FEET TO
THE WEST LINE OF SAID PARCEL;
THENCE NORTH 00 DEGREES 25 MINUTES 09 SECONDS EAST 175.00 FEET
ALONG SAID WEST LINE TO THE POINT OF BEGINNING.
COMPRISING 17,500 SQUARE FEET MORE OR LESS.
DESCRIPTION FOR 2523 E. ADAMS STREET, PHOENIX, AZ 85034
FOR REZONING
A PORTION OF THE SOUTH 30.00 FEET OF ADAMS STREET AND A PORTION OF
THAT PARCEL DESCRIBED IN SPECIAL WARRANTY DEED RECORDED IN
DOCUMENT NO. 2020-0887101, RECORDS OF MARICOPA COUNTY, ARIZONA,
LOCATED IN THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 1 NORTH,
RANGE 3 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA
COUNTY, ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE 3-INCH BRASS CAP IN HANDHOLE (0.70' DOWN)
MARKING THE NORTHWEST CORNER OF SAID SECTION 11 FROM WHICH A
STONE IN HANDHOLE (1.20' DOWN) MARKING THE NORTH QUARTER CORNER
OF SAID SECTION 11, BEARS SOUTH 89 DEGREES 44 MINUTES 54 SECONDS
EAST 2635.61 FEET, SAID DESCRIBED LINE BEING THE BASIS OF BEARINGS OF
THIS DESCRIPTION;
THENCE SOUTH 00 DEGREES 24 MINUTES 47 SECONDS WEST 742.98 FEET
ALONG THE WEST LINE OF SAID NORTHWEST QUARTER TO ITS INTERSECTION
WITH THE MONUMENT LINE OF ADAMS STREET;
THENCE SOUTH 89 DEGREES 44 MINUTES 36 SECONDS EAST 1003.19 FEET
ALONG SAID MONUMENT LINE TO THE NORTHERLY PROLONGATION OF THE
WEST LINE OF SAID PARCEL AND THE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 89 DEGREES 44 MINUTES 36 SECONDS EAST
100.00 FEET ALONG SAID MONUMENT LINE TO THE NORTHERLY
PROLONGATION OF THE EAST LINE OF SAID PARCEL;
THENCE SOUTH 00 DEGREES 25 MINUTES 09 SECONDS WEST 175.00 FEET
ALONG SAID EAST LINE;
THENCE NORTH 89 DEGREES 44 MINUTES 36 SECONDS WEST 100.00 FEET TO
THE WEST LINE OF SAID PARCEL;
THENCE NORTH 00 DEGREES 25 MINUTES 09 SECONDS EAST 175.00 FEET
ALONG SAID WEST LINE TO THE POINT OF BEGINNING.
COMPRISING 17,500 SQUARE FEET MORE OR LESS.