Attachment A - Ordinance Draft - PHO-2-24--Z-62-13-7.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 STIPULATIONS APPLICABLE TO REZONING APPLICATION Z-62-13-7 PREVIOUSLY APPROVED BY ORDINANCE G-6419. ____________ BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as follows: SECTION 1. The zoning stipulations applicable located approximately 1320 feet south of the southwest corner of 59th Avenue and Lower Buckeye Road in a portion of Section 19, Township 1 North, Range 2 East, as described more specifically in Attachment “A”, are hereby modified to read as set forth below. STIPULATIONS: 1. The development shall be in general conformance with the site plan and landscape plans date stamped FEBRUARY 23, 2024 September 20, 2017, as approved by the Planning and Development Department. 2. A minimum 75-foot landscape setback shall be provided along the south property lines and shall utilize the Commerce Park/General Commerce Park landscape standards for plant types, quantity and spacing, as approved by the Planning and Development Department. 3. Commerce Park/General Commerce Park Development standards shall be provided along the east property line, WITH THE EAST PROPERTY LINE BEING DEEMED AN INTERIOR LOT LINE ON A STREET, as approved by the Planning and Development Department. 4. A minimum 125-foot building setback shall be provided along the south property line, as approved by the Planning and Development Department. 5. Building height shall be limited to a maximum of 48 feet within 150 feet of the south property line, as approved by the Planning and Development Department. 6. Outdoor storage shall not be permitted within 250 feet of the south and west property lines, except for the trailer storage shall not be located closer than 200 feet, as approved by the Planning and Development Department. 7. Submit amended Traffic Impact Study Analysis updated to proposed development use. Additional improvements may be stipulated based upon study findings. 8. Right-of-way totaling 45 55 feet AND A 10-FOOT-WIDE SIDEWALK EASEMENT WITH AN 8-FOOT-WIDE SIDEWALK shall be dedicated AND CONSTRUCTED for the west half of 59th Avenue. Provide curb, gutter, paving, sidewalk, curb ramps, streetlights, landscaping, and incidentals for the length of the project. 9. THE DEVELOPER SHALL CONSTRUCT A BUS STOP PAD THAT CONFORMS WITH STANDARD DETAIL P1260 ON THE NORTHEAST CORNER OF THE SITE ON SOUTHBOUND 59TH AVENUE. 10. 9. The developer shall update all existing off-site street improvements (sidewalks, curb ramps and driveways) to current ADA guidelines. 11. 10. Complete a Red Border Letter to notify ADOT of development adjacent to its freeway corridor and submit it to the Street Transportation Department with a copy to the Traffic Engineer and Civil Plans Reviewer. 12. 11. Provide underground street light circuits, poles and fixtures on all public streets in locations approved by the Street Transportation Department. Submit one copy of the approved site plan with three copies of the streetlight plans to the 2nd floor of City Hall to be routed to Street Lighting Section reviewer. 13. 12. The developer shall construct all streets within and adjacent to the development with paving, curb, gutter, setback sidewalk, curb ramps, streetlights, landscape and other incidentals as per plans approved by the Planning and Development Department. All improvements shall comply with all ADA accessibility standards. 14. 13. 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-6419 this portion of the rezoning is now subject to the stipulations approved pursuant to Ordinance G-6419 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 29th day of May 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 PHO-2-24--Z-62-13-7 THE LAND REFERED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF MARICOPA, STATE OF ARIZONA AND IS DESCRIBED AS FOLLOWS: DESCRIPTION OF A 8.897 ACRE PARCEL OF LAND LOCATED IN THE NORTHEAST 1/ 4 OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 2 EAST, OF THE GILA AND SALT RIVER BASE AND MERIDAN, ~L\RICOPA COUNTY, ARIZONA DESCRIBED AS FOLLOWS: COMMENCING AT A POINT, SAID POINT BEING THE BRASS CAP IN HAND HOLE AT THE Ei\ST QUARTER CORNER OF SAID SECTION 19, FROM WHICH THE NORTHEAST SECTION CORNER BEARS NORTH 00 DEGREES 09 MINU'TES 18 SECONDS EAST A DIST~A.NCE OF 2640.74 FEET; THENCE LEAVING SAID CORNER NORTH 88 DEGREES 35 MINUTES 33 SECONDS WEST 33.01 FEET ALONG THE EAST-WEST MID-SECTION LINE TO A FOUND REBAR WITH CAP.AT THE WESTERLY RIGHT OF WAY 59m AVE BEING THE TRUE POINT OF BEGINNING FOR THE PARCEL DESCRIBED HEREIN; THENCE LEAVING SAID RIGHT OF WAY LINE CON11NUING ALONG EASTWEST MID-SECTION LINE NORTH 88 DEGREES 35 MINUTES 33 SECONDS WEST, 329.08 FEET; THENCE NORTH 00 DEGREES 09 MINUTES 18 SECONDS EA.ST, 1177.83 FEET; THENCE SOUTH 88 DEGREES 39 MINUTES 02 SECONDS EAST, 329.07 FEET TO A POINT ON THE SAID WESTERLY RIGHT OF WAY LINE; THENCE CONTINUING. ALONG SAID RIGHT OF WAY LINE, SOUTH 00 DEGREES 09 MINUTES 18 SECONDS WEST, 1178.16 FEET TO THE POINT OF BEGINNING.