Attachment A - Draft Ordinance - PHO-1-19--Z-4-10-6.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 STIPULATIONS APPLICABLE TO REZONING APPLICATION Z-4-10-6 PREVIOUSLY APPROVED BY ORDINANCE G-5523. ____________ BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as follows: SECTION 1. The zoning stipulations applicable located approximately 300 feet east and 160 feet south of the southeast corner of 31st Street and Camelback Road in a portion of Section 23, Township 2 North, Range 3 East, as described more specifically in Attachment “A”, are hereby modified to read as set forth below. STIPULATIONS: 1. That tThe development shall be in general conformance with the site plan date stamped FEBRUARY 11, 2020 March 11, 2010, and the landscape plan date stamped FEBRUARY 11, 2020 April 8, 2010, with specific regard to the south and west landscape setbacks, as approved or modified by the FOLLOWING STIPULATIONS AND APPROVED BY THE PLANNING AND Development Services Department. A. THE DEVELOPER SHALL PROVIDE AN ENHANCED PEDESTRIAN CONNECTION FROM THE PARKING LOT TO THE PRIMARY PEDESTRIAN PATHWAY LEADING TO THE BUILDING ENTRANCE ON THE ADJACENT COMMERCIALLY ZONED PROPERTY TO THE NORTH. 2. That tThe development shall provide a minimum 25-foot landscape setback along Mariposa Street, as approved or modified by the PLANNING AND Development Services Department and as follows: a. Trees shall be placed 20 feet on center or in equivalent groupings, b. Minimum 3-inch caliper (75 percent of required trees), c. Minimum 4-inch caliper (25 percent of required trees), d. Minimum five 5-gallon shrubs per tree. e. Landscaping shall be of a similar palette to that of the adjacent commercial property to the southeast. 3. That tThe perimeter wall shall be finished face and painted, as approved by the PLANNING AND Development Services Department. 4. That tThe development shall provide a minimum landscape setback of 10 feet along the west property line of the parking area, planted with minimum 3-inch caliper trees, SPACED 20 feet on center OR IN EQUIVALENT GROUPINGS, as approved by the PLANNING AND Development Services Department. 5. That nNo pedestrian access shall be provided to Mariposa Street, as approved by the PLANNING AND Development Services Department. 6. That tThe existing 6-foot wall setback 25 feet from the southern property line shall remain, as approved by the PLANNING AND Development Services Department. 7. That aA 1-foot vehicular non-access easement (VNAE) shall be recorded along the west, south and eastern property lines prior to final site plan approval, as approved by the PLANNING AND Development Services Department. SECTION 2. Due to the site’s specific physical conditions and the use district granted pursuant to Ordinance G-5523, this portion of the rezoning is now subject to the stipulations approved pursuant to Ordinance G-5523 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 20th day of May, 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 PHO-1-19--Z-4-10-6 The Land referred to herein is situated in the County of Maricopa, State of Arizona, and is described as follows: A PORTION OF THE NORTHEAST QUARTER OF SECTION 23 TOWNSHIP 2 NORTH, RANGE 3 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA. LOT 7, OF BRENTWOOD ESTATES, ACCORDING TO BOOK 55 OF MAPS, PAGE 2, RECORDS OF MARICOPA COUNTY, ARIZONA. TOGETHER WITH THE SOUTH HALF OF THAT PORTION OF THE ABANDONED ALLEYWAY LOCATED NORTH OF AND ADJACENT TO THE NORTH LINE AND ITS EASTERLY EXTENSION OF LOT 7, BRENTWOOD ESTATES ACCORDING TO THE PLAT OF RECORD IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA RECORDED IN BOOK 55 OF MAPS, PAGE 2 AND LYING EAST OF THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID LOT 7 AND WEST OF THE EASTERLY LINE OF SAID SUBDIVISION, AS SET FORTH IN CITY OF PHOENIX RESOLUTION NO. 18392 RECORDED OCTOBER 5, 1994, AS 94-0725876 OF OFFICIAL RECORDSALL IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA.