Attachment A - Draft Ordinance - PHO-1-19_Z-87-08-1.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-87-08-1 PREVIOUSLY APPROVED BY ORDINANCE G-5304. ____________ BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as follows: SECTION 1. The zoning stipulations applicable located at the northwest corner of 27th Avenue and Foothill Drive in a portion of Section 14, Township 4 North, Range 2 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 NOVEMBER 1, 2019 November 14, 2008, as approved or modified by the FOLLOWING STIPULATIONS AND APPROVED BY THE PLANNING AND Development Services Department. 2. That tThe development shall be in general conformance with the elevations date stamped NOVEMBER 1, 2019 November 14. 2008, as approved or modified by the PLANNING AND Development Services Department. 3. That the developer shall provide a minimum of 2-inch caliper evergreen trees placed 20 feet on center, or in equivalent groupings, within a minimum 8-foot landscape setback on the north side of the property as approved by the Development Services Department. A MINIMUM 8-FOOT LANDSCAPE SETBACK WITH MINIMUM 2-INCH CALIPER EVERGREEN OR SIMILAR LARGE CANOPY TREES SHALL BE PLANTED 20 FEET ON CENTER OR IN EQUIVALENT GROUPINGS ALONG THE NORTH PROPERTY LINE, AS APPROVED BY THE PLANNING AND DEVELOPMENT DEPARTMENT. 4. THE DEVELOPER SHALL PROVIDE A 40-FOOT-WIDE DRIVEWAY ALIGNED WITH THE MAGNOLIA MOBILE PARK DRIVEWAY ON 27TH AVENUE, IN ACCORDANCE WITH CITY OF PHOENIX STANDARD DETAIL P-1255-1, AS APPROVED BY THE STREET TRANSPORTATION DEPARTMENT. 5. 4. That rRight-of-way totaling 25 feet shall be dedicated for the east half of 28th Avenue as approved by the PLANNING AND Development Services Department. 6. 5. That rRight-of-way totaling 30 feet shall be dedicated for the north half of Foothill Drive as approved by the PLANNING AND Development Services Department. 7. 6. That aA 20-foot right-of-way radius shall be dedicated at the northeast corner of 28th Avenue and Foothill Drive as approved by the PLANNING AND Development Services Department. 8. 7. That tThe developer shall construct all streets 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 Services Department. SECTION 2. Due to the site’s specific physical conditions and the use district granted pursuant to Ordinance G-5304, this portion of the rezoning is now subject to the stipulations approved pursuant to Ordinance G-5304 and as modified in Section 1 of this Ordinance. Any violation of the stipulations 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 15th day of April, 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-87-08-1 Parcel 1: 206-04-027-A THAT PART OF GLO LOT 2 IN SECTION 14, TOWNSHIP 4 NORTH, RANGE 2 EAST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS; THE SOUTH HALF OF THE NORTH EAST QUARTER OF THE NORTH EAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 14 ALSO KNOWN AS GLO LOT 2: EXCEPT THE EAST 262.63 FEET AND; EXCEPT THE SOUTH 25 FEET P/D10912/1067 Parcel 2: 206-04-027-C THAT PART OF GLO LOT 2 IN SECTION 14, TOWNSHIP 4 NORTH, RANGE 2 EAST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS; THE EAST 262.63 FEET OF THE SOUTH HALF OF THE NORTH EAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTH EAST QUARTER OF SAID SECTION 14 ALSO KNOWN AS GLO LOT 2; EXCEPT THE SOUTH 25 FEET AND; EXCEPT THE EAST 33 FEET AND; EXCEPT BEGINNING AT THE INTERSECTION OF THE WEST LINE OF THE EAST 33 FEET OF SAID LOT 2 AND THE NORTH LINE OF THE SOUTH 25 FEET THEREOF; THENCE NORTHERLY ALONG SAID WEST LINE A DISTANCE OF 30 FEET; THENCE SOUTHWESTERLY TO A POINT IN SAID NORTH LINE WHICH IS 30 FEET WEST OF THE POB; THENCE TO THE POB-- PER MCR DOCUMENT 2006- 0277372