Attachment A - Draft Ordinance - Z-158-24-7.pdf
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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-158-24-7) FROM R-3 (MULTIFAMILY
RESIDENCE DISTRICT) TO R-5 (MULTIFAMILY RESIDENCE
DISTRICT – RESTRICTED COMMERCIAL).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 0.17-acre site located approximately 560 feet
north of the northeast corner of 20th Avenue and Van Buren Street in a portion of
Section 1, Township 1 North, Range 2 East, as described more specifically in Exhibit
“A,” is hereby changed from “R-3” (Multifamily Residence District) to “R-5” (Multifamily
Residence District – Restricted Commercial).
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 maximum building height shall be limited to two stories or 30 feet.
2.
A pedestrian gate shall be provided at the southeast corner of the site as
depicted on the site plan date stamped November 13, 2024, as approved by
the Planning and Development Department.
3.
A minimum of four bicycle parking spaces shall be provided through Inverted U
and/or artistic racks and installed per the requirements of Section 1307.H. of
the Phoenix Zoning Ordinance, as approved by the Planning and Development
Department. Artistic racks shall adhere to the City of Phoenix Preferred
Designs in Appendix K of the Comprehensive Bicycle Master Plan.
4.
A minimum of one of the required bicycle parking spaces shall include standard
electrical receptacles for electric bicycle charging capabilities, as approved by
the Planning and Development Department.
5.
Bicycle parking spaces 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.
6.
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.
7.
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.
8.
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.
9.
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.
10.
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.
11.
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.
12.
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 5th day of March,
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 (1 Page)
B – Ordinance Location Map (1 Page)
EXHIBIT A
LEGAL DESCRIPTION FOR Z-158-24-7
THAT PORTION OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION 1,
TOWNSHIP 1 NORTH, RANGE 2 EAST, GILA AND SALT RIVER MERIDIAN,
MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:
LOT 22, OF LYONHURST PLACE, ACCORDING TO THE PLAT OF RECORD IN
THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY,
ARIZONA, RECORDED IN BOOK 4 OF MAPS, PAGE 68.