Attachment A - Draft Ordinance - Z-61-22-7.pdf
Extracted text (via pymupdf)
8478 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-61-22-7) FROM C-3 CMOD (GENERAL
COMMERCIAL, CAPITOL MALL OVERLAY DISTRIC), P-1
(PASSENGER AUTOMOBILE PARKING, LIMITED), AND R-5 RI
(MULTIFAMILY RESIDENCE DISTRICT, RESIDENTIAL INFILL
DISTRICT) TO WU CODE T5:5 CMOD (WALKABLE URBAN
CODE, TRANSECT 5:5 DISTRICT, CAPITOL MALL OVERLAY
DISTRICT) AND WU CODE T5:5 (WALKABLE URBAN CODE,
TRANSECT 5:5 DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 3.24-acre property located at the southeast
corner of 9th Avenue and Fillmore Street in a portion of Section 6, Township 1 North,
Range 3 East, as described more specifically in Exhibit “A,” is hereby changed from
1.37 acres of “C-3 CMOD” (General Commercial, Capitol Mall Overlay District), 0.19-
acres of “P-1” (Passenger Automobile Parking, Limited), and 1.68 acres of “R-5 RI”
(Multifamily Residence District, Residential Infill District) to 1.37 acres of “WU Code
T5:5 CMOD” (Walkable Urban Code, Transect 5:5 District, Capitol Mall Overlay District)
and 1.87 acres of “WU Code T5:5” (Walkable Urban Code, Transect 5:5 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.
A ground floor brick arcade with arches along Fillmore Street and tower
features along Fillmore and Taylor streets shall be provided, as depicted on
the building elevations date stamped December 15, 2022 and as approved by
the Planning and Development Department.
2.
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.
3.
The development 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 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.
4.
The developer shall maintain the existing width of the historic landscape area
within the right-of-way along 9th Avenue and Taylor Street, and replenish the
landscaping per the landscape standards of Section 1309 of the Zoning
Ordinance, 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.
5.
The developer shall construct a minimum 5-foot-wide detached sidewalk and a
minimum 8-foot-wide landscape area between the back of curb and sidewalk
along Fillmore Street with landscaping consistent with the landscape
standards of Section 1309 of the Zoning Ordinance, 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.
6.
The developer shall submit a Traffic Impact Analysis for this development. No
preliminary approval of plans shall be granted until the study has been
reviewed and approved by the city.
7.
The developer shall construct all streets within and adjacent to the
development with paving, curb, gutter, sidewalks, 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.
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.
9.
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.
10. 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 5th day of April, 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
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 1
NORTH, RANGE 3 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY, ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE STONE IN HANDHOLE (1.50’ DOWN) MARKING THE
INTERSECTION OF FILMORE STREET AND 9TH AVENUE FROM WHICH A 3-INCH
CITY OF PHOENIX BRASS CAP FLUSH MARKING THE INTERSECTION OF
FILMORE STREET AND 7TH AVENUE BEARS NORTH 89 DEGREES 39 MINUTES
08 SECONDS EAST 693.92 FEET, SAID DESCRIBED LINE BEING THE BASIS OF
BEARINGS FOR THIS DESCRIPTION;
THENCE NORTH 89 DEGREES 39 MINUTES 08 SECONDS EAST 526.30 FEET
ALONG THE MONUMENT LINE OF SAID FILMORE STREET TO THE NORTHERLY
PROLONGATION OF THE CENTERLINE OF A 17 FOOT PUBLIC ALLEY
ABANDONED BY DOCUMENT NO. 1997-0329708, RECORDS OF MARICOPA
COUNTY, ARIZONA;
THENCE SOUTH 00 DEGREES 11 MINUTES 16 SECONDS EAST 155.50 FEET
ALONG SAID ALLEY CENTERLINE TO A POINT ON THE SOUTH LINE OF LOT 20
OF BLOCK R, OF UNIVERSITY ADDITION, BOOK 1 OF MAPS, PAGE 7, RECORDS
OF MARICOPA COUNTY, ARIZONA;
THENCE SOUTH 89 DEGREES 40 MINUTES 11 SECONDS WEST 178.45 FEET
ALONG THE SOUTH LINE OF SAID LOT 20, AND LOTS 18 AND 16 OF SAID BLOCK
R TO THE WEST LINE OF LOT 1, OF TAYLOR COURTYARD APARTMENTS, IN
BOOK 425 OF MAPS, PAGE 50 RECORDS OF MARICOPA COUNTY, ARIZONA;
THENCE SOUTH 00 DEGREES 11 MINUTES 07 SECONDS EAST 133.45 FEET
ALONG SAID WEST LINE TO THE SOUTHWEST CORNER OF SAID LOT 1;
THENCE SOUTH 00 DEGREES 19 MINUTES 41 SECONDS EAST 38.00 FEET TO A
POINT ON THE MONUMENT LINE OF TAYLOR STREET;
THENCE SOUTH 89 DEGREES 41 MINUTES 15 SECONDS WEST 348.01 FEET
ALONG SAID MONUMENT LINE TO THE INTERSECTION OF TAYLOR STREET &
9TH AVENUE;
THENCE NORTH 00 DEGREES 10 MINUTES 29 SECONDS WEST 326.69 FEET
ALONG THE MONUMENT LINE OF SAID 9TH AVENUE TO THE POINT OF
BEGINNING;