Attachment A - Draft Ordinance - PHO-1-21_Z-8-20-5.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-8-20-5 PREVIOUSLY APPROVED BY ORDINANCE G-6725. ____________ BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as follows: SECTION 1. The zoning stipulations applicable located approximately 220 feet north of the northeast corner of 23rd Avenue and West Royal Palm Road in a portion of Section 36, Township 3 North, Range 2 East, as described more specifically in Attachment “A”, are hereby modified to read as set forth below. STIPULATIONS: 1. For any subsequent phases of development beyond the adaptive reuse of the building depicted on the site plan date stamped March 27, 2020, the following stipulations shall apply, as approved or modified by the Planning and Development Department: a. The stipulations contained in Stipulation Nos. 2 through 15 shall also apply to any subsequent phases of development. b. CLEARLY DEFINED, ACCESSIBLE PEDESTRIAN PATHWAYS SHALL BE PROVIDED TO CONNECT BUILDING ENTRANCES, SITE AMENITIES, AND PUBLIC SIDEWALKS, USING THE MOST DIRECT ROUTE FOR PEDESTRIANS, AS APPROVED OR MODIFIED BY THE PLANNING AND DEVELOPMENT DEPARTMENT. All units adjacent to 23rd Avenue shall have an individual pedestrian entrance oriented to the public street and be connected to the public sidewalk by a direct pedestrian pathway. c. All units adjacent to 23rd Avenue shall have a porch or patio, described as follows and as approved by the Planning and Development Department: i. Porches shall have a minimum dimension of six feet in depth by a width of no less than 50 percent of the total unit; be oriented to the public right-of-way; have a unit entrance; and have a direct pedestrian connection to the public sidewalk. ii. Patios shall have a minimum dimension of eight feet in depth by a width and a minimum size of 64 square feet; be enclosed on each side by a low wall or fence not to exceed 36 inches in height; be oriented to the public-right-of-way; have a unit entrance; and have a direct pedestrian connection to the public sidewalk. c. d. All garage doors shall be screened by buildings from the exterior of the site and have decorative embellishments such as window panels, color and added materials for the pillars surrounding the door. 2. All elevations of the buildings shall contain architectural embellishments and detailing, such as textural changes, pilasters, offsets, recesses, variation in window size and location, and/or overhang canopies. 3. The public sidewalk along 23rd Avenue shall be detached with a minimum 5- foot-wide landscape area located between the sidewalk and back of curb and planted to the following standards, as approved by the Planning and Development Department. Where utility conflicts exist, the developer shall work with the Planning and Development Department on alternative design solutions consistent with a pedestrian environment. a. Large canopy, single-trunk shade trees shall be placed 25 feet on center or in equivalent groupings. Twenty-five percent of the required trees shall be a minimum 4-inch caliper and 75 percent shall be a minimum 3-inch caliper. b. At tree maturity, the trees shall shade the sidewalk to a minimum 75 percent. c. Drought tolerant shrubs and vegetative groundcovers with a maximum mature height of 24 inches to provide a minimum of 75 percent live coverage at maturity. 3. 4. The developer shall provide a pedestrian thoroughfare between the public sidewalk, and the required amenities contained in the first phase, as described below and as approved by the Planning and Development Department. i. A bollard light path, or lighted art feature, AND/OR A SHADE CANOPY WITH LIGHTING SHALL BE PROVIDED ALONG to accentuate the entrance of the pedestrian thoroughfare from the intersection with the public sidewalk. ii. The pedestrian thoroughfare shall be shaded to a minimum 75 percent by shade trees, vegetative trellis, and/or architectural shade. Trees shall be a minimum 2-inch caliper. iii. A minimum 5-foot-wide landscape area shall be provided along both sides of the pedestrian thoroughfare. In areas where the pedestrian thoroughfare passes between buildings, the landscape area may be reduced to 3 feet in width (or 6 feet on one side only). iii. iv. A maximum of two drive aisle crossings shall be permitted and where crossings occur, the pathway shall be constructed to visually contrast with the parking and drive aisle surfaces. 4. 5. Surface parking shall be set back a minimum of 30-feet or screened 100 percent by buildings from 23rd Avenue, as approved by the Planning and Development Department. 5. 6. Surface parking areas shall include the below, as approved by the Planning and Development Department. a. A minimum 10 percent of the total surface parking and vehicular circulation area shall be vegetated. b. Landscape planters located at the end of each row of parking and approximately every 100 linear feet. c. Landscape planters shall be a minimum width of eight feet and a minimum 120 square feet for a single row of parking, and a minimum 240 square feet for a double row of parking. d. Landscape planters shall be planted with minimum five-gallon drought tolerant shrubs to achieve 75 percent ground cover. If trees are to be included, they shall be minimum 2-inch caliper shade trees. 6. 7. No solid perimeter wall greater than 36 inches in height, situated between the plane of the buildings and the 23rd Avenue right of way, shall be permitted. 7. 8. There shall be an average landscape setback of 25 feet measured from the east property line with the minimum setback being 5 feet. The landscape setback shall be planted with shade trees placed 20 feet on center or in equivalent groupings with 25 percent of the trees being a minimum 4-inch caliper and 75 percent being a minimum 3-inch caliper, as approved by the Planning and Development Department. 8. 9. The developer shall incorporate bicycle infrastructure as described below and as approved by the Planning and Development Department. a. A bicycle repair station (“fix it station”) shall be provided and be maintained near the southern-most vehicular access in an area of high visibility, convenient pedestrian access, and available from the public sidewalk. b. "Secure/Covered Facilities" and/or "Outdoor/Covered Facilities" shall be provided for residents at a rate of 0.25 spaces per dwelling unit, up to a maximum of 50 spaces. Appropriate facilities are defined in Appendix K or the Comprehensive Bicycle Master Plan. c. Artistic style bicycle racks with capacity for a minimum of six bicycles for guests shall be located near the primary entrance to the building depicted on the site plan date stamped March 27, 2020. The artistic racks shall adhere to the City of Phoenix Preferred Designs in Appendix K or the Comprehensive Bicycle Master Plan, as approved by the Planning and Development Department. 9. 10. A minimum of 10 percent of the gross project shall be retained as open space, exclusive of required landscape setbacks, which shall be shaded to a minimum 50 percent by minimum 2-inch caliper large canopy shade trees, as approved by the Planning and Development Department. 10. 11. The developer shall construct all streets within and 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 Department. All improvements shall comply with all ADA accessibility standards. 11. 12. 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. 12. 13. Prior to preliminary site plan approval, the landowner shall execute a Proposition 207 Waiver of Claims form. 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-6725, this portion of the rezoning is now subject to the stipulations approved pursuant to Ordinance G-6725 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 (2 Pages) B - Ordinance Location Map (1 Page) EXHIBIT A LEGAL DESCRIPTION FOR PHO-1-21-- Z-8-20-5 PARCEL NO. 1 THAT PART OF PARCEL 8, OF LA MANCHA, ACCORDING TO THE PLAT OF RECORD IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 193 OF MAPS, PAGE 19, SITUATED WITHIN THE FOLLOWING DESCRIBED PARCEL: A PARCEL OF LAND SITUATED IN THE SOUTH HALF OF SECTION 36, TOWNSHIP 3 NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 36; THENCE NORTH 00 DEGREES 15 MINUTES 45 SECONDS EAST, 40.01 FEET; THENCE NORTH 00 DEGREES 16 MINUTES 01 SECONDS EAST, 344.12 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE SOUTHEASTERLY, SAID CURVE HAVING A RADIUS OF 500.00 FEET AND A CENTRAL ANGLE OF 19 DEGREES 29 MINUTES 45 SECONDS; THENCE ALONG SAID CURVE, 170.13 FEET TO A POINT OF TANGENCY; THENCE NORTH 19 DEGREES 45 MINUTES 46 SECONDS EAST 101.06 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE WESTERLY, SAID CURVE HAVING A RADIUS OF 500.00 FEET AND A CENTRAL ANGLE OF 45 DEGREES 10 MINUTES 45 SECONDS; THENCE ALONG SAID CURVE 257.72 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CURVE 136.53 FEET TO A POINT OF TANGENCY; THENCE NORTH 25 DEGREES 24 MINUTES 59 SECONDS WEST, 317.69 FEET; THENCE NORTH 64 DEGREES 35 MINUTES 01 SECONDS EAST, 30.00 FEET TO THE SOUTHWEST CORNER OF PARCEL 4, OF LA MANCHA, ACCORDING TO THE PLAT OF RECORD IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 193 OF MAPS, PAGE 19; THENCE SOUTH 89 DEGREES 44 MINUTES 15 SECONDS EAST, 316.19 FEET ON THE SOUTH LINE OF PARCEL 4 TO THE SOUTHEAST CORNER OF SAID PARCEL 4; THENCE CONTINUING SOUTH 89 DEGREES 44 MINUTES 15 SECONDS EAST, 23.81 FEET RECORD (23.84 FEET MEASURED); THENCE SOUTH 25 DEGREES 24 MINUTES 50 SECONDS EAST, 100.00 FEET; THENCE SOUTH 09 DEGREES 38 MINUTES 26 SECONDS EAST, 171.82 FEET; THENCE SOUTH 08 DEGREES 27 MINUTES 27 SECONDS EAST, 111.35 FEET; THENCE SOUTH 22 DEGREES 07 MINUTES 25 SECONDS WEST, 76.57 FEET; THENCE NORTH 85 DEGREES 20 MINUTES 13 SECONDS WEST 220.00 FEET; THENCE SOUTH 80 DEGREES 13 MINUTES 43 SECONDS WEST, 30.00 FEET TO THE TRUE POINT OF BEGINNING.