Attachment A - Draft Ordinance - Z-103-26-8.docx
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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-103-26-8) FROM R-3 RI (MULTI-FAMILY RESIDENCE DISTRICT, RESIDENTIAL INFILL) AND C-1 (NEIGHBORHOOD RETAIL DISTRICT) TO WU CODE T5:3 GW (WALKABLE URBAN CODE, TRANSECT 5:3 DISTRICT, TRANSIT GATEWAY CHARACTER AREA). ____________ BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as follows: SECTION 1. The zoning of a 1.49 acre property located at the southwest corner of 24th Street and Portland Street in a portion of Section 3, Township 1 North, Range 3 East, as described more specifically in Exhibit “A,” is hereby changed from 0.79-acres of “R-3 RI” (Multi-Family Residence District, Residential Infill District) and 0.70-acres of “C-1” (Neighborhood Retail District) to “WU Code T5:3 GW” (Walkable Urban Code, Transect 5:3 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. Upon complete redevelopment or development that increases the cumulative floor area of the building by more than 20%, from that depicted on the site plan date stamped June 29, 2026, the following shall apply to any new construction, as approved by the Planning and Development Department. a. Where pedestrian pathways 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. b. A minimum of 25% of the surface parking areas shall be shaded, as approved by the Planning and Development Department. Shade may be achieved by structures or by minimum 2-inch caliper, drought tolerant, shade trees, or a combination thereof. c. The sidewalk along 24th Street adjacent to the development, shall be a minimum of 6 feet in width and detached with a minimum 8-foot-wide landscape strip located between the sidewalk and back of curb, and planted to include drought tolerant shrubs and vegetative groundcovers, maintained to a maximum height of 36 inches (excluding accents), evenly distributed to provide a minimum of 75% live coverage, as approved by the Planning and Development Department. d. The sidewalks along Portland Street, adjacent to the development, shall be a minimum of 5 feet in width and detached with a minimum 5-foot- wide landscape strip located between the sidewalk and back of curb, and planted to include drought tolerant shrubs and vegetative groundcovers, maintained to a maximum height of 36 inches (excluding accents), as approved by the Planning and Development Department. e. A minimum of 2% of the required parking spaces shall include Electric Vehicle (EV) installed infrastructure, as approved by the Planning and Development Department. f. Bicycle infrastructure shall be incorporated, as described below and as approved by the Planning and Development Department. (1) Required multi-family residential bicycle parking shall be secured bicycle parking per Section 1307 of the Zoning Ordinance. (2) Multi-family residential development shall provide guest bicycle parking at a minimum rate of 0.05 spaces per dwelling unit, up to a maximum of 50 spaces required. (3) A minimum of 10% of the provided bicycle parking spaces shall include standard electrical receptacles for electric bicycle charging capabilities. (4) Bicycle infrastructure shall be shaded by a structure, landscaping, or a combination of the two to provide a minimum of 75% shade. g. A minimum of one green stormwater infrastructure (GSI) element for stormwater management shall be implemented, as approved or modified by the Planning and Development and/or Street Transportation departments. This includes but is not limited to stormwater harvesting basins, bioswales, permeable pavement, etc., per the Greater Phoenix Metro Green Infrastructure and Low Impact Development Details for Alternative Stormwater Management. h. Provide a landscape irrigation plan that includes zones to establish the amount of irrigation to apply based on maturity and type of the landscaping. Irrigation should be applied efficiently based on the maturity and need for the vegetation. i. Prior to final site plan approval, documentation shall be provided that demonstrates a commitment to participate in the City of Phoenix Water Efficiency Program for a minimum of 10 years, or as approved by the Planning and Development Department. 2. A minimum of 50 feet of right-of-way shall be dedicated for the west side of 24th Street. 3. A minimum of 25 feet of right-of-way shall be dedicated for the south side of Portland Street. 4. Replace unused driveways with sidewalk, curb, and gutter. Also, replace any broken or out-of-grade curb, gutter, sidewalk, and curb ramps on all streets and upgrade all off-site improvements to be in compliance with current ADA guidelines. 5. All streets within and adjacent to the development shall be constructed 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. 6. Natural turf shall only be utilized for required retention areas (bottom of basin, and only allowed on slopes if required for slope stabilization) and functional turf areas, as approved by the Planning and Development Department. 7. For residential development, the property owner shall record documents that disclose the existence and operational characteristics of 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. 8. 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. 9. If Phase I data testing is 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. 10. 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. 11. Prior to final 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 4th day of November, 2026. ________________________________ MAYOR ATTEST: _________________________ Denise Archibald, City Clerk APPROVED AS TO FORM: Julie M. Kriegh, City Attorney By: _________________________ _________________________ REVIEWED BY: _________________________ Ed Zuercher, City Manager Exhibits: A – Legal Description (1 Page) B – Ordinance Location Map (1 Page) EXHIBIT A LEGAL DESCRIPTION FOR Z-103-26-8 THAT PORTION OF THE PARCEL DESCRIBED IN THE QUIT CLAIM DEED, RECORDED IN 2025-0390332, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA, LYING WITHIN THE NORTHEAST QUARTER OF SECTION 3, 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 A 3-INCH BRASS CAP IN HANDHOLE WITH NO IDENTIFICATION (0.50' DOWN) MARKING THE EAST QUARTER CORNER OF SAID SECTION 3, FROM WHICH A 3-INCH BRASS CAP IN HANDHOLE WITH NO IDENTIFICATION (1.0' DOWN) BEARS NORTH 89 DEGREES 28 MINUTES 36 SECONDS WEST 2675.53 FEET SAID DESCRIBED LINE BEING THE BASIS OF BEARINGS FOR THIS DESCRIPTION; THENCE NORTH 00 DEGREES 12 MINUTES 13 SECONDS WEST 330.11 FEET ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 3 TO THE SOUTH LINE OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 3; THENCE NORTH 89 DEGREES 29 MINUTES 10 SECONDS WEST 50.00 FEET ALONG SAID SOUTH LINE TO THE WEST LINE OF THE EAST 50.00 FEET OF SAID NORTHEAST QUARTER AND THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 29 MINUTES 10 SECONDS WEST 344.81 FEET CONTINUING ALONG SAID SOUTH LINE TO A HALF-INCH REBAR WITH YELLOW PLASTIC CAP STAMPED "RLS 49333"; THENCE NORTH 00 DEGREES 09 MINUTES 31 SECONDS WEST 140.01 FEET TO THE SOUTH LINE OF THE NORTH 25.00 FEET OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 3; THENCE SOUTH 89 DEGREES 29 MINUTES 43 SECONDS EAST 329.70 FEET ALONG SAID SOUTH LINE; THENCE SOUTH 44 DEGREES 50 MINUTES 59 SECONDS EAST 21.34 FEET TO THE WEST LINE OF THE EAST 50.00 FEET OF SAID NORTHEAST QUARTER; THENCE SOUTH 00 DEGREES 12 MINUTES 13 SECONDS EAST 125.06 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING. GROSS LOT AREA 65,195 SF, 1.496 ACRES NET LOT AREA 48,162 SF, 1.106 ACRES APN 116-04-097L