Attachment A - Draft Ordinance - PHO-2-21_Z-59-08-3.pdf
Extracted text (via pymupdf)
7396 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-59-08-3 PREVIOUSLY APPROVED BY ORDINANCE G-5548. ____________ BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as follows: SECTION 1. The zoning stipulations applicable located at the northeast corner of 19th Avenue and Cactus Road in a portion of Section 13, Township 3 North, Range 2 East, as described more specifically in Attachment “A”, are hereby modified to read as set forth below. STIPULATIONS: 1. That The C-2 portion of the development shall be in general conformance to WITH the site plan date stamped AUGUST 13, 2021 July 2, 2010, as approved by the Planning and Development Services Department, AND with specific regard to: a. Pedestrian linkages between buildings on site, to the adjacent commercial property, and to the transit stop on 19th Avenue. b. The number of multifamily units shall not exceed 26 dwelling units per acre. 2. That All structures on the C-2 and R1-10 portions of the site shall have buildings which: a. Possess a color palette similar to the adjacent hillside area of Shaw Butte, as approved by the Planning and Development Services Department. b. Have materials and finishes similar of the adjacent hillside area of Shaw Butte, as approved by the Planning and Development Services Department. 3. That The maximum height of the assisted living and independent living facilities in the C-2 portion of the site shall not exceed 3 stories, 40 feet, as approved by the Planning and Development Services Department. 4. That Any exposed cut slopes, retaining walls or disturbance of the hillside area shall be stained or treated to blend with the surrounding natural desert, as may be approved by the Planning and Development Services Department. 5. That Disturbed areas of the site shall be revegetated with plant materials similar to the plant palette of the surrounding area, as approved by the Planning and Development Services Department. 6. That The two billboards on the site shall be removed prior to the issuance of building permits. 7. Streets a. That Unless an abandonment is granted for the south portion of Cactus Road, right-of-way totaling 30 feet shall be dedicated for the north half of Cactus Road to match the south half (cul-de-sac), as approved or modified by the Planning and Development Services Department. b. That Right-of-way totaling 65 feet shall be dedicated for the east half of 19th Avenue. c. IF ACCESS IS PROPOSED TO CACTUS ROAD, THE DEVELOPER SHALL SUBMIT A TRAFFIC SIGNAL MODIFICATION FOR THE INTERSECTION OF 19TH AVENUE AND CACTUS ROAD AS APPROVED BY THE STREET TRANSPORTATION DEPARTMENT. THE DEVELOPER SHALL BE RESPONSIBLE FOR THE INTERSECTION (STREET TYPE ACCESS), ADA, AND TRAFFIC SIGNAL MODIFICATIONS NEEDED TO ACTIVATE THE EAST SIDE OF THE INTERSECTION, AS APPROVED OR MODIFIED BY THE STREET TRANSPORTATION DEPARTMENT. d. c. That The developer shall construct all streets within and adjacent to the development with paving, curb, gutter, sidewalk, curb ramps, streetlights, landscaping and other incidentals as per plans approved by the City. Any existing improvements that do not comply with ADA accessibility standards shall be replaced. 8. That If any archaeological materials are encountered during construction, all ground disturbing activity shall cease within 10 meters of the discovery and the City Archaeology Office shall be notified and allowed time to properly assess the materials. 9. PRIOR TO PRELIMINARY SITE PLAN APPROVAL, THE LANDOWNER SHALL EXECUTE A PROPOSITION 207 WAIVER OF CLAIMS IN A FORM APPROVED BY THE CITY ATTORNEY'S OFFICE. THE WAIVER SHALL BE RECORDED WITH THE MARICOPA COUNTY RECORDER'S OFFICE AND DELIVERED TO THE CITY TO BE INCLUDED IN THE REZONING APPLICATION FILE FOR RECORD. SECTION 2. Due to the site’s specific physical conditions and the use district granted pursuant to Ordinance G-5548, this portion of the rezoning is now subject to the stipulations approved pursuant to Ordinance G-5548 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-59-08-3 The land referred to herein below is situated in the county of Maricopa, State of Arizona, and is described as follows. A portion of the southeast quarter of section 13, township 3 north, range 2 east and GLO Lot 4 of section 18, township 3 north, range 3 east of the Gila and Salt River Base and Meridian. Maricopa County, Arizona, Described as follows. Beginning at a found City of Phoenix brass cap in hand hole at the southwest corner of said section 18 from which a found 1” iron pipe at the northwest corner of said GLO Lot 4 bears N 00° 01’ 00” E, a distance of 1,322.93 feet. Thence along the west line of said GLO Lot 4, said like also being the centerline of 19th avenue, N 00° 01’ 00” E, a distance of 373.09 feet to the beginning of line ‘A’ as described in recording no. 85-452741, Records of Maricopa County, Arizona and to the beginning of a curve; Thence leaving said west line, continuing along said centerline and long said line ‘A’, Northwesterly along said curve, having a radius of 954.93 feet, concave southwesterly, through a central angle of 20° 08’ 53”, a distance of 335.8 feet, to the curves end; Thence N 20° 06’ 58” W, A distance of 315.28 feet; Thence leaving said centerline and said line ‘A’, N 74° 11’ 56” E, a distance of 162.97 feet. Thence S 81° 24’ 34” E, A distance of 116.38 feet; Thence S 38° 01’ 34” E, A distance of 393.84 feet; Thence S 07° 03’ 46” E, A distance of 234.68 feet; Thence S 16° 18’ 43” E, A distance of 99.44 feet; Thence S 00° 09’ 45” W, A distance of 385.39 feet, to a south line of said GLO Lot 4. Thence along said south line, S 89° 50’ 35” W, A distance of 403.53 feet to the point of beginning. Excepting therefrom any portion of the above described land lying within 19th avenue, as set forth in deed recorded in docket 13153, page 1263, a map recorded in book 8 of road maps, page 3 and pursuant to an amended final order of condemnation in recording no 85-452741, records of Maricopa County, Arizona.