Attachment A - Draft Ordinance - Z-67-19-8.pdf

City of Phoenix — Formal (2020-06-24)

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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 ORDINANCE BY CHANGING THE ZONING DISTRICT 
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN 
(CASE Z-67-19-8) FROM R1-14 BAOD (ONE-FAMILY 
RESIDENCE DISTRICT, BASELINE AREA OVERLAY DISTRICT) 
TO R-3 BAOD (MULTIFAMILY RESIDENCE DISTRICT, 
BASELINE AREA OVERLAY DISTRICT). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 7.44 acre property located approximately 
900 feet east of the northeast corner of 16th Street and Baseline Road in a portion of 
Section 34, Township 1 North, Range 3 East, as described more specifically in Exhibit 
“A”, is hereby changed from “R1-14 BAOD” (One-Family Residence District, Baseline 
Area Overlay District) to “R-3 BAOD” (Multifamily Residence District, Baseline Area 
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. 
All elevations of the buildings shall contain three of the following architectural 
embellishments and detailing: textural changes, pilasters, offsets, recesses, 
variation in window size and location, and overhang canopies, as approved by 
the Planning and Development Department. 
 
 
2. 
All garage doors shall have decorative embellishments such as window panels, 
color and added materials for the pillars surrounding the door, as approved by 
the Planning and Development Department.  
 
 
3. 
A minimum of 25 percent of the surface parking areas shall be shaded, with a 
maximum of 10 percent by architectural shade and the remainder by trees at 
maturity, as approved by the Planning and Development Department. 
 
 
4. 
The applicant shall incorporate bicycle infrastructure, as described below and as 
approved by the Planning and Development Department.  
 
 
 
a. 
A bicycle repair station (“fix it station”) shall be provided near the amenity 
area, the Western Canal, or Baseline Road. The station shall include: 
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. 
 
 
 
 
b. 
“Secure/Covered Facilities” and/or “Outdoor/Covered Facilities” shall be 
provided for residents at a rate of 0.25 spaces per dwelling unit, up to a 
maximum of 50 spaces. Appropriate facilities are defined in Appendix K 
or the Comprehensive Bicycle Master Plan. 
 
 
 
 
c. 
A minimum of ten inverted U-bicycle racks, artistic style racks (in 
adherence to the City of Phoenix Preferred Designs in Appendix K or the 
Comprehensive Bicycle Master Plan) or “Outdoor/Covered Facilities” for 
guests shall be located near building entrances and installed per the 
requirements of Section 1307.H. of the Zoning Ordinance. 
 
 
5. 
The developer shall provide the following resident amenities at minimum, as 
approved by the Planning and Development Department: 
 
 
 
a. 
Swimming pool.

b. 
Barbecue and picnic areas. 
 
 
 
 
c. 
A neighborhood garden of no less than 1,000 square feet including 
garden tool library, irrigation, and variable shade infrastructure to enable 
year-round planting.  
 
 
 
 
d. 
A fenced dog park of no less than 2,000 square feet. 
 
 
6. 
The standards contained in Section 651.E.1. (BAOD Streetscape Design 
Guidelines and Standards) and the approved street cross section shall apply, in 
addition to the below enhancements, and as approved or modified by the 
Planning and Development Department.  
 
 
 
a. 
Minimum 3-inch caliper large canopy shade trees, selected from the 
Baseline Area Master Plan Plant List shall be provided for all required 
trees within the applicable area. 
 
 
 
 
b. 
The detached sidewalk shall be shaded to a minimum 75 percent by 
vegetative shade. 
 
 
 
 
c. 
The developer shall dedicate a 30-foot-wide multi-use trail easement 
(MUTE) along the north side of Baseline Road, shall construct a 10-foot-
wide multi-use trail (MUT) within the easement as indicated in Section 
429 of the City of Phoenix MAG Supplement, and the MUT shall be 
shaded to a minimum 50 percent by vegetative shade. 
 
 
7. 
The developer shall provide a minimum of two pedestrian access gates to the 
Western Canal along the northern property line and a minimum of two 
pedestrian gates along Baseline Road. The pedestrian gates shall be connected 
to the internal pedestrian pathways by accessible sidewalks, as approved by the 
Planning and Development Department. 
 
 
8. 
The developer shall provide two enhanced internal, north-south, pedestrian 
pathways which connect the Western Canal to the public sidewalk along 
Baseline Road, as described below, and as approved or modified by the 
Planning and Development Department.  
 
 
 
a. 
Pedestrian pathways shall be shaded to 75 percent at maturity. 
 
 
 
 
b. 
Pedestrian pathways shall be a minimum of 5 feet in width or a minimum 
of 6.5 feet in width when adjacent to perpendicular or diagonal parking 
areas. 
 
 
 
 
c. 
The following lighting treatment shall be provided throughout the 
pedestrian pathways:

i. 
Fifteen-foot maximum height of lighting fixtures. 
 
 
 
 
 
 
ii. 
A minimum of one-foot candle illumination maintained throughout 
the pathways and designed to avoid areas of high glare areas and 
low visibility dark areas. 
 
 
 
 
d. 
One of the following elements shall be provided at each exterior 
entrance/exit to the pedestrian pathways: 
 
 
 
 
 
i. 
Bollard path light 
 
 
 
 
 
 
ii. 
Public art 
 
 
 
 
 
 
iii. 
Decorative directional signage 
 
 
 
 
 
 
iv. 
Building design elements that emphasize the pathway entrance 
 
 
 
 
e. 
Where pedestrian pathways cross vehicular maneuvering areas, the 
crossing shall be clearly delineated using decorative pavers, stamped or 
colored concrete, or another material, other than those used to pave the 
parking surfaces and drive aisles. 
 
 
 
 
f. 
The pedestrian pathways described above shall be connected to all 
residential units by private sidewalks. 
 
 
9. 
This parcel is in a Special Flood Hazard Area (SFHA) called Zone A, on panel 
2220 L of the Flood Insurance Rate Maps (FIRM) revised February 10, 2017. 
The following requirements shall apply, as approved by the Planning and 
Development Department:  
 
 
 
a. 
The Architect/Engineer is required to show the floodplain boundary limits 
on the Grading and Drainage plan and ensure that impacts to the 
proposed facilities have been considered, following the National Flood 
Insurance Program (NFIP) Regulations (44 CFR Paragraph 60.3); this 
includes, but not limited to provisions in the latest versions of the 
Floodplain Ordinance of the Phoenix City Code.  
 
 
 
 
b. 
A copy of the Grading and Drainage Plan shall be submitted to the 
Floodplain Management section of Public Works Department for review 
and approval of Floodplain requirements.  
 
 
 
 
c. 
The developer shall provide a FEMA approved CLOMR-F or CLOMR 
prior to issuance of a Grading and Drainage permit. 
 
 
10. 
The developer shall modify the median island along Baseline Road to create 
an eastbound left turn pocket that aligns with 18th Place, as approved by the

Street Transportation Department. Trees in the landscape median island shall 
be replenished with trees that are of equal or greater caliper in size or be 
relocated to an adjacent median island at time of reconstruction of the 
median, as approved by the Planning and Development Department. 
 
 
11. 
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. The above conditions shall be approved by the Planning 
and Development Department. 
 
 
12. 
The developer shall dedicate a sidewalk easement and construct one bus stop 
pad on westbound Baseline Road west of the 18th Place alignment. The bus 
stop pad shall be compliant with City of Phoenix Standard Detail P1260 with a 
minimum depth of 10 feet. Bus stop pad shall be spaced from the intersection of 
Baseline Road and 18th Place as per City of Phoenix Standard Detail P1258. 
The above conditions shall be approved by the Planning and Development 
Department.  
 
 
13. 
The property owner shall record documents that disclose the existence, and 
operational characteristics of Sky Harbor International 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. 
 
 
14. 
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. 
 
 
15. 
Prior to preliminary site plan approval, the landowner shall execute a 
Proposition 207 waiver of claims in a form approved by the City Attorney's 
Office.  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 24th day of June, 
2020.  
 
 
 
 
________________________________ 
 
 
 
       MAYOR  
 
 
ATTEST: 
 
 
____________________________City Clerk 
 
 
APPROVED AS TO FORM: 
 
____________________________City Attorney 
 
 
REVIEWED BY:  
 
____________________________City Manager 
 
 
 
Exhibits: 
A – Legal Description (1 Page) 
B – Ordinance Location Map (1 Page)

EXHIBIT A 
 
LEGAL DESCRIPTION FOR Z-67-19-8 
 
 
That part of the Southwest quarter of the Southwest quarter of Section 34, Township 1 
North, Range 3 East of the Gila and Salt River Base and Meridian, described as follows: 
 
BEGINNING at a point on the South line of said Southwest quarter of the Southwest 
quarter which is South 89 degrees 54 minutes 30 seconds East a distance of 934 feet 
from the Southwest corner thereof and running thence North 00 degrees 27 minutes 
East 764.90 feet to the South right of way line of the Western Canal; 
 
Thence Easterly along said South right of way line, being a curve to the left having a 
radius of 1462.69 feet, an arc length of 241.14 feet; 
 
Thence North 70 degrees 52 minutes East, continuing along the South right of way line 
of the Western Canal, 143.01 feet to the East line of said Southwest quarter of the 
Southwest quarter; 
 
Thence South 00 degrees 08 minutes East along said East line, 874.82 feet to the 
Southeast corner of said Southwest quarter of the Southwest quarter; 
 
Thence North 89 degrees 54 minutes 30 seconds West along the South line of said 
Southwest quarter of the Southwest quarter 388.42 feet to the POINT OF BEGINNING.