Attachment A - Draft Ordinance - PHO-1-21_Z-43-08-7.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-43-08-7 PREVIOUSLY APPROVED BY ORDINANCE G-5233. ____________ 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 79th Avenue and Encanto Boulevard in a portion of Section 35, Township 2 North, Range 1 East, as described more specifically in Attachment “A”, are hereby modified to read as set forth below. STIPULATIONS: 1. That The development shall be in general conformance to WITH the site plan date stamped JUNE 18, 2021, April 18, 2008 with specific regard to the total number of units and the location of the two and three-story units and with a minimum 1,500 square foot swimming pool and the addition of a minimum 400 square foot children’s “splash area” with water jet features or a minimum 1,900 square foot swimming pool as approved or modified by the PLANNING AND Development Services Department, AND WITH SPECIFIC REGARD TO: a. THE MULTIFAMILY APARTMENT-STYLE UNITS ARE LIMITED TO A MAXIMUM HEIGHT OF 35 FEET. b. THE TOWNHOME UNITS ARE LIMITED TO A MAXIMUM HEIGHT OF 30 FEET. 2. That The development shall be in general conformance to WITH the elevations date stamped JUNE 18, 2021, April 18, 2008 as approved or modified by the PLANNING AND Development Services Department. 3. THE DEVELOPER SHALL DEDICATE A MINIMUM OF 50 FEET OF RIGHT- OF-WAY AND A MINIMUM 18-FOOT-WIDE PUBLIC SIDEWALK EASEMENT ALONG THE WEST SIDE OF 79TH AVENUE, INCLUDING A MINIMUM 8- FOOT WIDE DETACHED SIDEWALK, AS APPROVED BY THE PLANNING AND DEVELOPMENT DEPARTMENT. THE STREETSCAPE ZONE SHALL BE CONSISTENT WITH THE MARYVALE CORE PLAN “TRANSIT AVENUE CROSS SECTION”. 4. THE DEVELOPER SHALL DEDICATE A MINIMUM OF 50 FEET OF RIGHT- OF-WAY AND A MINIMUM 2-FOOT-WIDE PUBLIC SIDEWALK EASEMENT ALONG THE NORTH SIDE OF ENCANTO BOULEVARD, CONSISTENT WITH THE MARYVALE VILLAGE CORE PLAN, AND AS APPROVED BY THE PLANNING AND DEVELOPMENT DEPARTMENT. THE STREETSCAPE ZONE SHALL BE CONSISTENT WITH THE MARYVALE CORE PLAN “BICYCLE AVENUE CROSS SECTION”. 5. THE DEVELOPER SHALL CONSTRUCT A MINIMUM 2-FOOT-WIDE LANDSCAPE STRIP FROM THE EXISTING FACE OF CURB WITH AN ADJACENT AT-GRADE, CONCRETE, MINIMUM 6-FOOT-WIDE ACTIVE TRANSPORTATION PATH, AND AN ADJACENT MINIMUM 6-FOOT-WIDE LANDSCAPE STRIP AND MINIMUM 8-FOOT WIDE DETACHED SIDEWALK BEHIND THE ACTIVE TRANSPORTATION PATH ALONG THE NORTH SIDE OF ENCANTO BOULEVARD, CONSISTENT WITH THE MARYVALE VILLAGE CORE PLAN, AND AS APPROVED BY THE STREET TRANSPORTATION DEPARTMENT. 6. THE DEVELOPER SHALL PROVIDE SHADE TREES ALONG BOTH SIDES OF THE SIDEWALK TO ACHIEVE 75 PERCENT SHADE AT MATURITY, AS APPROVED BY THE PLANNING AND DEVELOPMENT DEPARTMENT. 7. IRRIGATION FACILITIES ALONG 79TH AVENUE SHALL BE UNDERGROUNDED AND RELOCATED OUTSIDE OF CITY EXISTING AND/OR PROPOSED RIGHT-OF-WAY. CONTACT SRP TO IDENTIFY EXISTING LAND RIGHTS AND ESTABLISH AN APPROPRIATE PROCESS TO RELOCATE FACILITIES. RELOCATIONS THAT REQUIRE ADDITIONAL DEDICATIONS OR LAND TRANSFER SHALL REQUIRE COMPLETION PRIOR TO OBTAINING PLAT AND/OR CIVIL PLAN REVIEW APPROVAL. 8. IF DETERMINED NECESSARY BY THE PHOENIX ARCHAEOLOGY OFFICE, THE APPLICANT SHALL CONDUCT PHASE I DATA TESTING AND 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. 9. IF PHASE I DATA TESTING IS REQUIRED, AND IF, UPON REVIEW OF THE RESULTS FROM THE PHASE I DATA TESTING, THE CITY ARCHAEOLOGIST, IN CONSULTATION WITH A QUALIFIED ARCHAEOLOGIST, DETERMINES SUCH DATA RECOVERY EXCAVATIONS ARE NECESSARY, THE APPLICANT SHALL CONDUCT PHASE II ARCHAEOLOGICAL DATA RECOVERY EXCAVATIONS. 10. 3. That In the event archaeological materials are encountered during construction, the developer shall immediately cease all ground disturbing activities within a 33-foot radius of that discovery, notify the City Archaeologist, and allow time for the Archaeology Office to properly assess the materials. 11. 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-5233, this portion of the rezoning is now subject to the stipulations approved pursuant to Ordinance G-5233 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-1-21--Z-43-08-7 A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 2 NORTH RANGE 1 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35; EXCEPT THE WEST 197.90 FEET THEREOF; AND EXCEPT THE FOLLOWING DESCRIBED PARCEL; COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 35; THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 35, NORTH 00 DEGREES, 06 MINUTES, 47 SECONDS WEST, A DISTANCE OF 439.92 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID LINE, SOUTH 88 DEGREES, 04 MINUTES, 33 SECONDS WEST, A DISTANCE OF 33.54 FEET TO THE SOUTHEAST CORNER OF THE PARCEL OF ACCORDING TO THE FINAL ORDER OF CONDEMNATION ON FILE AT THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN DOCUMENT NUMBER 2009-0768333 ; THENCE ALONG THE SOUTH LINE OF SAID PARCEL, SOUTH 88 DEGREES, 04 MINUTES, 33 SECONDS WEST, A DISTANCE OF 300.11 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE ALONG THE WEST LINE OF SAID PARCEL, NORTH 00 DEGREES, 23 MINUTES, 51 SECONDS WEST, A DISTANCE OF 220.06 FEET TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE ALONG THE NORTH LINE OF SAID PARCEL, NORTH 88 DEGREES, 04 MINUTES, 33 SECONDS EAST, A DISTANCE OF 292.55 FEET TO THE NORTHEAST CORNER OF SAID PARCEL; THENCE ALONG THE NORTH LINE OF SAID PARCEL, NORTH 88 DEGREES, 04 MINUTES, 33 SECONDS EAST, A DISTANCE OF 42.19 FEET TO THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 35; THENCE ALONG SAID LINE, SOUTH 00 DEGREES, 06 MINUTES, 47 SECONDS EAST, A DISTANCE OF 220.09 FEET TO THE POINT OF BEGINNING.