Attachment A - Draft Ordinance - Z-88-22-5.pdf

City of Phoenix — Formal (2023-05-03)

Extracted text (via pymupdf) 8221 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 ORDINANCE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN
(CASE Z-88-22-5) FROM IND.PK (INDUSTRIAL PARK) 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 5.11-acre site located approximately 350 feet
south of the southwest corner of 22nd Avenue and Dunlap Avenue in a portion of
Section 36, Township 3 North, Range 2 East, as described more specifically in Exhibit
“A”, is hereby changed from “IND.PK” (Industrial Park) 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.
For any development that modifies the cumulative floor area of any building by
more than 25 percent, including demolition, from that depicted on the site plan
date stamped December 14, 2022, the public sidewalk along 22nd Avenue
shall be constructed to a minimum width of 6 feet and detached from the back
of curb by a minimum 8-foot-wide landscape area planted to the following
standards, 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 the
creation of a comfortable pedestrian environment.

a.
Large canopy, single-trunk, shade trees shall be placed 25 feet on
center or in equivalent groupings. Fifty percent of the required trees
shall be a minimum 3-inch caliper and 50 percent shall be a minimum 2-
inch caliper.

b.
At tree maturity, the trees shall shade the sidewalks to a minimum 75
percent.

c.
Drought tolerant shrubs and vegetative groundcovers shall be
maintained at maximum height of 24 inches to provide a minimum of 75
percent live coverage at maturity.

2.
The public sidewalk along 23rd Avenue shall be constructed to a minimum
width of 6 feet and detached from the back of curb by a minimum 8-foot-wide
landscape area planted to the following standards, 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 the creation of a comfortable
pedestrian environment.

b.
At tree maturity, the trees shall shade the sidewalks to a minimum 75
percent.

c.
Drought tolerant shrubs and vegetative groundcovers shall be
maintained at a maximum height of 24 inches to provide a minimum of
75 percent live coverage at maturity.

3.
The developer shall dedicate sidewalk easements along 22nd Avenue and

23rd Avenue as needed to fully encompass the public sidewalks as stipulated,
as approved by the Planning and Development Department.

4.
The developer shall provide an internal network of shaded pedestrian
thoroughfares as described below and as approved or modified by the
Planning and Development Department.

a.
Include internal and direct pedestrian pathways of no less than 5 feet in
width between the building entrances, the public sidewalks along both
22nd and 23rd avenues, and the amenity areas.

b.
All internal pathways shall include a clear separation from vehicular
maneuvering areas with all vehicular crossings being clearly delineated
using decorative pavers, stamped or colored concrete, or other
pavement treatment, other than those used to pave the parking surfaces
and drive aisles.

c.
All internal pathways shall be shaded to a minimum 50 percent.

5.
The developer shall incorporate bicycle infrastructure as described below and
as approved by the Planning and Development Department.

a.
Bicycle parking shall be provided at a minimum of 0.25 spaces per unit
up to a maximum of 50 spaces, located near the entrances to the
building, and installed per the requirements of Section 1307.H of the
Phoenix Zoning Ordinance. Alternatively, bicycle parking may be
provided entirely with secure bicycle parking facilities or a mix thereof.

b.
One bicycle repair station shall be provided and maintained by the
developer in an area of high visibility to residents.

6.
For redevelopment that modifies the cumulative floor area of any building by
more than 50 percent, including demolition, from that depicted on the site plan
date stamped December 14, 2022, a minimum of 10 percent of the required
parking spaces shall be EV Ready.

7.
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.

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 (1 Page)
B – Ordinance Location Map (1 Page)

EXHIBIT A

LEGAL DESCRIPTION FOR Z-88-22-5

COMMENCING AT THE NORTH QUARTER OF SECTION 36, TOWNSHIP 3 NORTH,
RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA
COUNTY,
ARIZONA:
THENCE
SOUTH
00°17'31"
WEST
ALONG
THE
NORTH/SOUTHMIDSECTION LINE OF SAID SECTION 36, SAID LINE ALSO BEING
THE CENTERLINE OF 23RD AVENUE, A DISTANCE OF 575.03 FEET TO THE POINT
OF BEGINNING; THENCE NORTH 89°28'00" EAST, A DISTANCE OF 335.05
FEET;THENCE NORTH 00°17'54" EAST, A DISTANCE OF 218.03 FEET;THENCE
NORTH 89°27'22" EAST, A DISTANCE OF 438.72 FEETTO THE CENTERLINE OF
22ND AVENUE; THENCE SOUTH 00°32'14" EAST, ALONG THE SAID CENTERLINE,A
DISTANCE OF 299.82 FEET TO A POINT OF CURVATURE; THENCE THRU A CURVE
TO THE RIGHT HAVING A CENTRAL ANGLE OF 4°21'20", A RADIUS OF 1100.00
FEET AND AN ARCLENGTH OF 83.62 FEET TO A POINT; THENCE SOUTH 89°29'56"
WEST, A DISTANCE OF 776.16 FEETTO A POINT ON THE CENTERLINE OF THE
SAID
23RD
AVENUE,
THENCE
NORTH
00°17'31"
EAST,
ALONG
SAID
CENTERLINE,A DISTANCE OF 164.85 FEET TO THE POINT OF BEGINNING.
CONTAINING 224,356 S.F. OR 5.15 ACRES +/-