Attachment A - Draft Ordinance - Z-31-25-8.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-31-25-8) FROM S-1 (RANCH OR FARM
RESIDENCE) TO R-3 (MULTIFAMILY RESIDENCE DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 14.37-acre site located approximately 1,130
feet east of the northeast corner of 23rd Avenue and Baseline Road in a portion of
Section 36, Township 1 North, Range 2 East, as described more specifically in Exhibit
“A,” is hereby changed from “S-1” (Ranch or Farm Residence) to “R-3” (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.
The development shall be in general conformance with the site plan date
stamped April 21, 2025, as approved by the Planning and Development
Department.
2.
Building elevations shall be presented for review and comment to the South
Mountain Village Planning Committee prior to preliminary site plan approval
3.
Building elevations shall contain multiple colors, exterior accent materials and
textural changes that exhibit quality and durability such as brick, stone, colored
textured concrete or stucco, or other materials to provide a decorative and
aesthetic treatment, as approved by the Planning and Development
Department.
4.
A minimum of one-third of the dwelling unit buildings shall not exceed one story
or 20 feet in height.
5.
The development shall incorporate bicycle infrastructure as described below
and as approved by the Planning and Development Department.
a.
Secure bicycle parking shall be provided per Section 1307 of the Zoning
Ordinance.
b.
Guest bicycle parking shall be provided at a minimum rate of 0.05
spaces per dwelling unit, up to a maximum of 50 spaces required.
c.
A minimum of 10 percent of the provided bicycle parking spaces shall
include standard electrical receptacles for electric bicycle charging
capabilities.
d.
Bicycle parking spaces shall be shaded by a structure, landscaping, or a
combination of the two to provide a minimum of 75% shade.
e.
A bicycle repair station (“fix it station”) shall be provided and maintained
on site within an amenity area or near a primary site entrance, and
separated from vehicular maneuvering areas, where applicable. The
repair station shall include, but not be limited to:
i.
Standard repair tools affixed to the station;
ii.
A tire gauge and pump affixed to the base of the station or the
ground;
iii.
A bicycle repair stand which allows pedals and wheels to spin
freely while making adjustments to the bike.
6.
A minimum 5% of the required parking spaces shall provide EV installed
infrastructure.
7.
Site lighting shall be provided at building entrances/exits and in public
assembly and parking areas, as approved by the Planning and Development
Department.
8.
If perimeter fencing is provided along the south side of the site it shall be a
minimum of 75 percent open view fencing, as approved by the Planning and
Development Department.
9.
The landscape setback along Baseline Road shall be planted to include native
cacti or similar spiny desert accent plants, as approved by the Planning and
Development Department.
10.
All landscape setbacks shall be planted with minimum 2-inch caliper, large
canopy, shade trees, planted 20 feet on center, or in equivalent groupings, with
a minimum five 5-gallon shrubs per tree, 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 for installing the required plants.
11.
A minimum of 10% of the required shrubs, shall be a milkweed or other native
nectar species, and shall be planted in groups of three or more, as approved
by the Planning and Development Department.
12.
All internal pedestrian pathways shall be shaded by a structure, landscaping, or
a combination of the two to provide a minimum of 75% shade, as approved by
the Planning and Development Department.
13.
Where pedestrian walkways 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.
14.
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.
15.
A minimum of two green stormwater infrastructure (GSI) elements 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.
16.
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 located on properties for uses such as residential common areas, as
approved by the Planning and Development Department.
17.
Prior to final site plan approval, documentation shall be provided that
demonstrates a commitment to participate in the Water Efficiency Checkup
program for a minimum of 10 years, or as approved by the Planning and
Development Department.
18.
The developer shall reconstruct the bus stop pad on westbound Baseline Road.
Bus stop pad shall be constructed according to City of Phoenix Standard Detail
P1260 with a minimum depth of 10 feet. Bus stop pad shall be spaced from an
intersection according to City of Phoenix Standard Detail P1258, as approved
or modified by the Public Transit Department. Trees shall be placed to provide
50% shade coverage to bus stop pad at full maturity.
19.
A 30-foot-wide multi-use trail easement (MUTE) shall be dedicated along the
north side of Baseline Road, adjacent to the subject site and a minimum 10-
foot-wide multi-use trail (MUT) shall be constructed within the easement, in
accordance with the MAG supplemental detail and, as approved or modified by
the Planning and Development Department.
20.
The sidewalk along Baseline Road shall be a minimum of 6 feet in width and
detached with a minimum 10-foot-wide landscape strip located between the
sidewalk and back of curb and planted to the following standards, as approved
by the Planning and Development Department.
a.
Minimum 2-inch caliper, single-trunk, large canopy, shade trees planted
20 feet on center, or in equivalent groupings.
b.
Shrubs, accents and vegetative groundcovers with a maximum mature
height of two feet evenly distributed throughout the landscape area to
achieve a minimum of 75% live coverage.
Where utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions consistent with a
pedestrian environment for installing the required plants.
21.
A minimum of 55 feet of right-of-way shall be dedicated and constructed for
north side of Baseline Road.
22.
All existing electrical utilities within the public right-of-way shall be underground,
adjacent to the development. Developer to coordinate with the affected utilities
company for their review and permitting.
23.
Existing SRP facilities along Baseline Road are to be relocated outside of City
right-of-way, unless otherwise approved by the Street Transportation
Department. Relocations that require additional dedications or land transfer
require completion prior to obtaining plat and/or civil plan review approval.
24.
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.
25.
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.
26.
The property owner shall record documents that disclose the existence, and
operational characteristics of the 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.
27.
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.
28.
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.
29.
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.
30.
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 3rd day of September,
2025.
________________________________
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
B – Ordinance Location Map
EXHIBIT A
LEGAL DESCRIPTION FOR Z-31-25-8
Real property in the City of Phoenix, County of Maricopa, State of Arizona, described as
follows:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION 36, TOWNSHIP 1 NORTH, RANGE 2 EAST OF THE GILA AND SALT
RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS
FOLLOWS:
COMMENCING AT A BRASS CAP IN HAND HOLE MARKING THE SOUTH
QUARTER CORNER OF SAID SECTION 36, SAID POINT BEARS SOUTH 89°51’15”
WEST, A DISTANCE OF 2647.63 FEET FROM A BRASS CAP IN HAND HOLE
MARKING THE SOUTHEAST CORNER OF SAID SECTION 36;
THENCE NORTH 89°51'15" EAST, ALONG THE SOUTH LINE OF SAID SOUTHEAST
QUARTER, A DISTANCE OF 763.58 FEET TO A POINT;
THENCE DEPARTING SAID SOUTH LINE, NORTH 00°20'41" EAST, A DISTANCE OF
55.00 FEET TO THE NORTH LINE OF THE SOUTH 55 FEET OF SAID SOUTHEAST
QUARTER, SAID POINT BEING THE POINT OF BEGINNING;
THENCE CONTINUING NORTH 00°20'41" EAST, A DISTANCE OF 1263.65 FEET TO
THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SAID SECTION 36;
THENCE NORTH 89°51'10" EAST, ALONG SAID NORTH LINE, A DISTANCE OF
556.35 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF
THE SOUTHEAST QUARTER OF SAID SECTION 36;
THENCE SOUTH 00°10'34" WEST, ALONG THE EAST LINE OF THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 36, A DISTANCE
OF 789.72 FEET TO A POINT;
THENCE NORTH 89°49’26” WEST, A DISTANCE OF 203.10 FEET;
THENCE SOUTH 00°53’47” WEST, A DISTANCE OF 475.13 FEET TO THE NORTH
LINE OF THE SOUTH 55 FEET OF SAID SOUTHEAST QUARTER;
THENCE SOUTH 89°51’15” WEST, ALONG SAID NORTH LINE, A DISTANCE OF
351.00 FEET TO THE POINT OF BEGINNING.
APN: 105-86-017M