Attachment A - Draft Ordinance - Z-57-23-7.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 (Z-57-23-7) FROM R-5 SPVTABDO (MULTIFAMILY
RESIDENCE DISTRICT, SOUTH PHOENIX VILLAGE AND
TARGET AREA B DESIGN OVERLAY DISTRICT) AND C-3
SPVTABDO (GENERAL COMMERCIAL, SOUTH PHOENIX
VILLAGE AND TARGET AREA B DESIGN OVERLAY DISTRICT)
TO WU CODE T5:2 SPVTABDO (WALKABLE URBAN CODE,
TRANSECT T5:2 DISTRICT, SOUTH PHOENIX VILLAGE AND
TARGET AREA B DESIGN OVERLAY DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 2.66-acre site located approximately 520 feet
south of the southwest corner of Central Avenue and Tamarisk Avenue in a portion of
Section 29, Township 1 North, Range 3 East, as described more specifically in Exhibit
“A,” is hereby changed from 0.90-acres of R-5 SPVTABDO (Multifamily Residence
District, South Phoenix Village and Target Area B Design Overlay District) and 1.76
acres of C-3 SPVTABDO (General Commercial, South Phoenix Village and Target Area
B Design Overlay District) to WU Code T5:2 SPVTABDO (Walkable Urban Code,
Transect T5:2 District, South Phoenix Village and Target Area B Design 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.
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.
2.
A minimum of one pedestrian pathway shall be provided to connect the building
entrance and public sidewalk using the most direct route for pedestrians and
shall be shaded by a structure, minimum 2-inch caliper trees, or a combination
thereof, to achieve 75% shade as approved by the Planning and Development
Department.
3.
A minimum of two green infrastructure (GI) techniques for stormwater
management shall be implemented per the Greater Phoenix Metro Green
Infrastructure and Low Impact Development Details for Alternative Stormwater
Management, as approved or modified by the Planning and Development
Department.
4.
A minimum five-foot-wide landscape setback shall be provided along the west
side of the site and shall be planted to the following standards, as approved by
the Planning and Development Department.
a.
Minimum 2-inch caliper single-trunk, large canopy, drought-tolerant
shade trees planted 20 feet on center or equivalent groupings.
b.
Native cacti or similar plants to achieve a minimum of 75% live coverage.
Where fire lane conflicts exist, the developer shall work with the Planning and
Development Department on an alternative design solution.
5.
A minimum four-foot-wide landscape setback shall be provided on the north
portion of the site and shall be planted with native cacti or similar plants, as
approved by the Planning and Development Department.
6.
Site lighting shall be provided at building entrances/exits, parking areas, and
refuse areas, as approved by the Planning and Development Department.
7.
A minimum of 10% of the required parking spaces shall be EV installed.
8.
A minimum of two of the required bicycle parking spaces shall include standard
electrical receptacles for electric bicycle charging capabilities, as approved by
the Planning and Development Department.
9.
A publicly accessible bicycle repair station (“fix it station”) shall be provided and
maintained on site near a primary site entrance. The bicycle repair station (“fix
it station”) shall be provided in an area of high visibility and separated from
vehicular maneuvering areas, where applicable. The repair station shall
include, but not be limited to:
a.
Standard repair tools affixed to the station;
b.
A tire gauge and pump affixed to the based of the station or the ground;
c.
A bicycle repair stand which allows pedals and wheels to spin freely
while making adjustments to the bike.
10.
Bicycle parking spaces shall be shaded by a structure, landscaping, or a
combination thereof to provide a minimum of 75% shade, as approved by the
Planning and Development Department.
11.
All uncovered surface parking lot areas shall be landscaped with drought
tolerant shade trees with one tree provided for every eight vehicular parking
spaces, as approved by Planning and Development Department.
12.
The existing northernmost access point on Central Avenue shall be removed, if
the site is completely redeveloped in the future, as approved by the Planning
and Development Department.
13.
A minimum of 55 feet of right-of-way shall be dedicated for the west half of
Central Avenue, adjacent to the development.
14.
A minimum 10-foot-wide landscape strip located between the back of curb and
sidewalk and minimum 6-foot wide sidewalk shall be constructed, as approved
by the Planning and Development Department.
15.
All existing electrical utilities within the public right-of-way shall be
undergrounded, adjacent to the development. The developer shall coordinate
with the affected utility companies for their review and permitting.
16.
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.
17.
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.
18.
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.
19.
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.
20.
Prior to preliminary 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.
21.
There shall be no fencing along the south perimeter of the property, as
approved by the Planning and Development Department.
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 February,
2024.
________________________________
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-57-23-7
THAT PART OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 1
NORTH, RANGE 3 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE CENTER LINE OF CENTRAL AVENUE, 33.00
FEET WEST AND 1515.88 FEET SOUTH OF THE NORTH QUARTER CORNER OF
SAID SECTION 29;
THENCE NORTH 89 DEGREES 56 MINUTES 24 SECONDS EAST 46.00 FEET TO
THE POINT OF BEGINNING;
THENCE NORTH 89 DEGREES 56 MINUTES 24 SECONDS EAST 404.94 FEET;
THENCE SOUTH 00 DEGREES 03 MINUTES 36 SECONDS EAST 193.01 FEET;
THENCE SOUTH 89 DEGREES 56 MINUTES 24 SECONDS WEST 0.56 FEET;
THENCE SOUTH 00 DEGREES 03 MINUTES 36 SECONDS WEST 154.04 FEET;
THENCE SOUTH 89 DEGREES 56 MINUTES 24 SECONDS WEST 215.38 FEET;
THENCE NORTH 00 DEGREES 03 MINUTES 36 SECONDS WEST 154.04 FEET;
THENCE NORTH 89 DEGREES 56 MINUTES 24 SECONDS EAST 189.00 FEET TO A
POINT ON THE R/W LINE OF CENTRAL AVENUE;
THENCE NORTH 00 DEGREES 03 MINUTES 36 SECONDS WEST 193.01 FEET TO
THE POINT OF BEGINNING.