Attachment A - Draft Ordinance - Z-162-24-8.doc
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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-162-24-8) FROM R-4 RSIOD (MULTIFAMILY
RESIDENCE DISTRICT, RIO SALADO INTERIM OVERLAY
DISTRICT) AND C-3 RSIOD (GENERAL COMMERCIAL, RIO
SALADO INTERIM OVERLAY DISTRICT) TO C-3 RSIOD
(GENERAL COMMERCIAL, RIO SALADO INTERIM OVERLAY
DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 3.38-acre site located approximately 230 feet
east of the southeast corner of 7th Street and Elwood Street in a portion of Section 21,
Township 1 North, Range 3 East, as described more specifically in Exhibit “A,” is hereby
changed from 2.89 acres of “R-4 RSIOD” (Multifamily Residence District, Rio Salado
Interim Overlay District) and 0.49 acres of “C-3 RSIOD” (General Commercial, Rio
Salado Interim Overlay District) to “C-3 RSIOD” (General Commercial, Rio Salado
Interim Overlay 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 and
elevations date stamped February 14, 2025, as approved by the Planning and
Development Department.
2.
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.
3.
Four bicycle spaces shall be provided on the site through Inverted U and/or
artistic racks located near the building entrances or in a secure location inside
the building and installed per the requirements of Section 1307.H. of the
Phoenix Zoning Ordinance, as approved by the Planning and Development
Department.
4.
Bicycle parking spaces and pedestrian walkways, including sidewalks, 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.
5.
A minimum 6-foot landscape setback shall be provided along the west
perimeter of the site, as approved by the Planning and Development
Department.
6.
A minimum 10-foot landscape setback shall be provided along the south
perimeter of the site, as approved by the Planning and Development
Department.
7.
The landscape setbacks along the east, south, and west portions of the site
shall be planted with minimum 2-inch caliper trees, planted 20 feet on center,
or in equivalent groupings, with 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.
8.
A minimum of 2% of the required vehicle parking spaces shall include EV
Capable infrastructure.
9.
The landscape setback along Elwood Street shall be planted to include native
cacti or similar spiny desert accent plants, as approved by the Planning and
Development Department.
10.
Site lighting shall be provided at building entrances/exits and in public
assembly and parking areas, as approved by the Planning and Development
Department.
11.
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, shade trees, or a combination thereof.
12.
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.
13.
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.
14.
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.
15.
The sidewalk along Elwood Street 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 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.
16.
A minimum 40 feet of right-of-way shall be dedicated and constructed for the
south side of Elwood Street.
17.
All mitigation improvements shall be constructed and/or funded as identified in
the accepted Traffic Impact Analysis dated January 15, 2025, including the
proportional contribution of $80,000 to the Street Transportation Department
prior to Final Site Plan approval for the future signalized intersection at 7th
Street and Elwood Street.
18.
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.
19.
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.
20.
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.
21.
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.
22.
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 7th day of May, 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 (2 Pages)
B – Ordinance Location Map (1 Page)
EXHIBIT A
LEGAL DESCRIPTION FOR Z-162-24-8
A portion of Lot 53, Lot 60 and Lot 61 of MONTE VISTA ACRES PLAT A, according to
the plat of record in the office of the County Recorder of Maricopa County, Arizona,
recorded in Book 22 of Maps, Page 36, being located in a portion of the Southwest
quarter of Section 21, Township 1 North, Range 3 East of the Gila and Salt Rive Base
and Meridian, Maricopa County, Arizona and also being APN 113-18-027H according to
the Maricopa County Assessor, Arizona and being more particularly described as
follows:
COMMENCING at the intersection of 7th Street and Elwood Street, monumented with a
brass cap flush, which bears North 00 degrees 11 minutes 00 seconds West 1094.27
feet from the intersection of 7th Street and Jones Street, monumented with a brass cap
flush, as shown on the RECORD OF SURVEY recorded in Book 1184 of Maps, Page
10, records of Maricopa County, Arizona;
Thence along the monument line of Elwood Street as shown on said RECORD OF
SURVEY, South 89 degrees 42 minutes 54 seconds East 260.06 feet to the point of
curvature of a curve to the left, having a radius of 730.00 feet and monumented with a
brass cap flush;
Thence along said curve to the left through a central angle of 00 degrees 39 minutes 20
seconds an arc distance of 8.35 feet to the POINT OF BEGINNING;
Thence continuing along said curve to the left, through a central angle of 19 degrees 19
minutes 41 seconds an arc distance of 246.26 feet to a point for tangency and
monumented with a brass cap flush;
Thence North 70 degrees 18 minutes 08 seconds East a distance of 168.26 feet to a
point in the east line of Lot 61 as shown on the Monte Vista Acres Plat ‘A’ subdivision,
recorded in Book 22 of Maps, Page 35, Records of Maricopa County, Arizona;
Thence departing the monument line of Elwood Street along said east line of Lot 61,
South 00 degrees 08 minutes 56 seconds East a distance of 44.57 feet and
monumented with an iron rod with cap labeled “GOETZ” in the South right of way line of
Elwood Street;
Thence continuing along said east line of Lot 61 and also Lot 60 and Lot 53, South
00degrees 08 minutes 56 seconds East a distance 386.72 feet to the southeast corner
of lot 53;
Thence North 89 degrees 45 minutes 42 seconds West along the south line of said Lot
53 a distance of 400.01 feet to the southwest corner of Lot 53 and monumented with an
iron rod;
Thence along the west line of said Lot 53 and Lot 60, North 00 degrees 08 minutes 56
seconds West a distance of 288.20 feet and monumented with an iron rod with cap
labeled “Goetz” in the South right of way line of Elwood Street;
Thence North 00 degrees 08 minutes 56 seconds a distance of 42.00 feet to the POINT
OF BEGINNING.
Containing an area of 147,106 square feet or 3.377 acres, more or less.