Attachment A - Draft Ordinance - PHO-2-21_Z-105-07-1.pdf
Extracted text (via pymupdf)
7061 characters
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-105-07-1 PREVIOUSLY APPROVED BY ORDINANCE G-6238. ____________ BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as follows: SECTION 1. The zoning stipulations applicable located approximately 300 feet south of the southeast corner of 43rd Avenue and Old West Trail in a portion of Section 10, Township 6 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 DATE STAMPED AUGUST 13, 2021 AND ELEVATIONS DATE STAMPED JUNE 4, 2021, AS MODIFIED BY THE FOLLOWING STIPULATIONS AND AS APPROVED OR MODIFIED BY THE PLANNING AND DEVELOPMENT DEPARTMENT. That conceptual site plan(s) and elevations for each phase shall be approved by the Planning Hearing Officer through the public hearing process prior to Planning and Development Department preliminary site plan approval. The site plan and elevation submitted for the Phase I (Goodwill store) shall be in general conformance to site plan and elevations date stamped October 19, 2016. This review is for conceptual purposes only. Specific development standards and requirements will be determined by the Planning and Development Department. The site plan(s) and elevations shall include the following: a. Elevations which provide architectural consistency in building mass and style, wall treatments, lighting and signage. b. Building and wall colors shall be muted and blend rather than contrast strongly with the surrounding desert environment. Reflective materials shall not be used. Accent colors may be appropriate but shall be used judiciously and with restraint. c. Drive-thru facilities shall be oriented so that drive-thru windows are not visible from adjacent public streets. d. Landscaping, arcades or overhangs which provide shaded walkways shall be utilized. e. Special consideration shall be given to site design in the event residential uses are proposed to adequately mitigate the impacts of the proximity to Interstate 17, such as innovative site design, increased setbacks, sound barriers, and increased landscaping. f. An architectural plan shall be approved with the elevations for each phase. The architectural plan shall convey a sense of continuity throughout the development and at a minimum include the following: i) Stone detail of rock, stone veneer, stonework or faux stone shall be incorporated into the design of building elevations. ii) Architectural detailing such as recesses, pop outs, shade walls, parapets, artistic insets, or pilasters. iii) Street appurtenances such as benches, seat walls, ramadas, shade structures, trash enclosures, lighting and wayfinding signage shall be provided for subsequent phases of this development. iv) Detail sections for screening and perimeter walls as well as walls interior to the site, said walls shall be designed and finished with materials similar to those of the building’s architectural detailing. 2. That 55 feet of right-of-way shall be dedicated for the east half of 43rd Avenue as approved by the Planning and Development Department. 3. That The developer shall construct all drive aisles within and the development with paving, curb, gutter, sidewalk, curb ramps, streetlights, median islands, landscaping and other incidentals in a phased manner as per plans approved or modified by the Street Transportation and Planning and Development Departments. Street improvements along 43rd Avenue, except for the required driveway entrance and required temporary roadway tapers, may occur at any time, but are not required until such time the portion of the property adjacent to 43rd Avenue is developed for end users. 4. THE DEVELOPER SHALL SUBMIT A TRIP GENERATION STATEMENT TO THE STREET TRANSPORTATION DEPARTMENT TO DETERMINE THE PROPORTIONATE ESCROW FUNDING FOR MODIFICATIONS OF THE TRAFFIC SIGNAL AT 43RD AVE AND ANTHEM WAY. 5. 4. The applicant shall submit a Traffic Impact Study to the Street Transportation Department and the Planning and Development Department prior to preliminary site plan review. The applicant shall be responsible for any dedications and required improvements as recommended by the approved traffic study, as approved by the Planning and Development Department and the Street Transportation Department. 6. 5. The applicant shall complete and submit the Developer Project Information Form for the MAG Transportation Department. This form is a requirement of the EPA to meet clean air quality requirements. ARCHAEOLOGY 7. 6. That The developer shall 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. Further archaeological monitoring and/or testing (trenching) may be necessary based on the results of the survey. SECTION 2. Due to the site’s specific physical conditions and the use district granted pursuant to Ordinance G-6238, this portion of the rezoning is now subject to the stipulations approved pursuant to Ordinance G-6238 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 15th day of September, 2021. ________________________________ MAYOR ATTEST: _________________________ Denise Archibald, City Clerk APPROVED AS TO FORM: Cris Meyer, City Attorney By: _________________________ _________________________ REVIEWED BY: _________________________ Ed Zuercher City Manager Exhibits: A - Legal Description (1 Page) B - Ordinance Location Map (1 Page) EXHIBIT A LEGAL DESCRIPTION FOR PHO-2-21-- Z-105-07-1 A portion of the southwest quarter of Section 10, Township 6 North, Range 2 East, of the Gila and Salt River Base and Meridian, Maricopa County, Arizona; more particularly described as: Lots 2, 3, 4 and Tract A, of DESERT HILLS ANTHEM ADDITION, according to the plat recorded in Book 1341 of Maps, Page 1, records of Maricopa County, Arizona; EXCEPT all coal and other minerals as reserved in the Patent to said land recorded in Docket 1714, Page 432, records of Maricopa County, Arizona.