Attachment A - Draft Ordinance - PHO-1-25--Z-12-22-7.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 STIPULATIONS APPLICABLE TO REZONING APPLICATION Z-12-22-7 PREVIOUSLY APPROVED BY ORDINANCE G-6999. ____________ BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as follows: SECTION 1. The zoning stipulations applicable to the site located at the northeast corner of 47th Avenue and Baseline Road in a portion of Section 33, Township 1 North, Range 2 East, as described more specifically in Exhibit A and depicted in Exhibit B, are hereby modified to read as set forth below. STIPULATIONS: 1. The development shall be in general conformance to the site plan date stamped May 4, 2022, with specific regard to the following element, as approved by the Planning and Development Department. a. A minimum of 16% of the gross site area shall be retained as open space. 2. The conceptual elevations shall be reviewed and approved by the Planning Hearing Officer through the public hearing process for stipulation modification prior to approval of the Single-Family Design Review Diversity Exhibit, with specific regard to the inclusion of the below elements. This is legislative review for conceptual purposes only. Specific development standards and requirements will be determined by the Planning Hearing Officer and the Planning and Development Department. THE DEVELOPMENT SHALL BE IN GENERAL CONFORMANCE WITH THE ELEVATIONS DATE STAMPED MARCH 13, 2025, AS MODIFIED BY THE FOLLOWING STIPULATIONS, AND AS APPROVED BY THE PLANNING AND DEVELOPMENT DEPARTMENT: a. All elevations shall incorporate a minimum of three of the following architectural embellishments and detailing: textural changes, pilasters, offsets, recesses, variation in window size and location, and/or overhang canopies. b. All elevations shall incorporate a minimum of three of the following building materials: native stone, burnt adobe, textured brick, wood (when shaded by overhangs or deep recesses), slump block, ceramic tile (matte finish), stucco, and/or exposed aggregate concrete. c. The front elevations shall consist of a minimum 25% non-stucco accent material, EXCEPT SPANISH ELEVATIONS. d. All garage doors shall have decorative embellishments such as window panels, added materials surrounding the door, and/or trellises. e. A minimum of 75% of the standard elevations provided shall include patios and/or covered porches in the front yard at a minimum of 60 square feet in area and a depth of at least six feet, and clearly separated from the front yard with fencing, subject to the Phoenix Zoning Ordinance. F. MINIMUM 18-INCH OVERHANG ON ALL FOUR SIDES, EXCEPT SPANISH ELEVATIONS. G. ANY STREET FACING SIDE OF A TWO STORY HOME MUST HAVE A MINIMUM OF 2 WINDOWS OR OTHER VISUAL ELEMENTS TO BREAK UP BUILDING MASSING. 3. Lots 7, 8, 9 and 10 along Baseline Road shall be limited to 26 feet, as approved by the Planning and Development Department. 4. No more than two two-story homes shall be built adjacent to one another along 47th Avenue, as approved by the Planning and Development Department. 5. Homes shall have minimum 5-foot-wide side yard setbacks. 6. The developer shall install wiring within homes for electric vehicle capabilities. 7. Required landscape setbacks shall be planted with minimum 50% 2-inch caliper and 50% 3-inch caliper large canopy drought-tolerant trees, 20 feet on center or in equivalent groupings, with 5-gallon shrubs per tree, as approved by the Planning and Development Department. 8. The entry drives shall incorporate enhanced landscaping on both sides, planted with a variety of at least three plant materials, as approved by the Planning and Development Department. 9. The developer shall dedicate a 30-foot-wide multi-use trail easement (MUTE) along the north side of Baseline Road and construct a minimum 10-foot-wide multi-use trail (MUT) within the easement in accordance with the MAG supplement detail and as approved by the Planning and Development Department. Where conflicts or restrictions exist, the developer shall work with the Site Planning section on an alternate design through the technical appeal process. 10. A minimum 22-foot setback shall be provided to the front of garages, measured from the back of the sidewalk, for each home in the development, as approved by the Planning and Development Department. 11. The developer shall dedicate 30 feet of right-of-way along the west side of 47th Avenue, as approved by the Planning and Development Department. 12. The developer shall complete the west side of 47th Avenue to include a minimum 5-foot-wide detached sidewalk and minimum 8-foot-wide landscape area located between the back of curb and sidewalk to match the northern limit of the site, as approved by the Planning and Development Department. 13. The developer shall replenish the existing streetscape along Baseline Road, as approved by the Planning and Development Department. 14. Where sidewalks are detached along 47th Avenue, Baseline Road, and internal to the site, the landscape area located between the sidewalk and back of curb shall be planted to the following standards, as approved by the Planning and Development Department. a. Minimum 3-inch caliper, large canopy, single-trunk, shade trees placed a minimum of 25 feet on center or in equivalent groupings to provide a minimum of 75% shade on adjacent sidewalks. b. Drought tolerant shrubs and vegetative groundcovers with a maximum mature height of 24 inches to provide a minimum of 75% live coverage at maturity. c. Where utility conflicts arise, the developer shall work with the Planning and Development on an alternative design solution consistent with a pedestrian environment. 15. The developer shall construct a clearly defined and shaded pedestrian pathway providing access to the multi-use-trail along Baseline Road, as approved by the Planning and Development Department. 16. Traffic calming measures shall be installed within the development, as approved by the Street Transportation Department. 17. 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. 18. The developer shall rebuild the bus stop pad along westbound Baseline Road according to P1260 and P1258, unless stated otherwise by the Public Transit Department. 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. SECTION 2. Due to the site’s specific physical conditions and the use district granted pursuant to Ordinance G-6999, this portion of the rezoning is now subject to the stipulations approved pursuant to Ordinance G-6999 and as modified in Section 1 of this Ordinance. Any violation of the stipulation is a violation of the City of Phoenix Zoning Ordinance. Building permits shall not be issued for the subject site until all the stipulations have been met. SECTION 3. 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 21st 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 (1 Page) B - Ordinance Location Map (1 Page) EXHIBIT A LEGAL DESCRIPTION FOR PHO-1-25--Z-12-22-7 The Land referred to herein below is situated in the County of Maricopa, State of Arizona, and is described as follows: