Attachment A - Draft Ordinance - PHO-2-21_Z-45-12-7.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-45-12-7 PREVIOUSLY APPROVED BY ORDINANCE G-6516. ____________ BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as follows: SECTION 1. The zoning stipulations applicable located at the southwest corner of 67th Avenue and Broadway Road in a portion of Section 25, Township 1 North, Range 1 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 JUNE 24, 2021 October 24, 2012 for the commercial portion and September 13, 2018 for the residential portion, as approved by the Planning and Development Department. 2. A minimum of 16% 7% open space shall be provided, as approved by the Planning and Development Department. 3. The maximum number of lots shall not exceed 140, as approved by the Planning and Development Department. 3. 4. All sidewalk crossings at the project entries or as shown on the site plan shall be constructed of decorative pavers, stamped or colored concrete, or another material different than the primary paving material, as approved by the Planning and Development Department and Street Transportation Department. 5. FOR COMMERCIAL DEVELOPMENT ONLY - A sidewalk/pedestrian path constructed of decorative pavers, stamped or colored concrete, or another material, other than those used to pave the parking surfaces and drive aisles, shall be provided to allow pedestrian connections between shops A, B and C to pads A, B, C and D, as approved by the Planning and Development Department and Street Transportation Department. 4. 6. All sidewalks shall be detached with a minimum five-foot wide landscaped strip located between the sidewalk and back of curb and shall include a minimum of 20 feet on center or equivalent groupings along both sides of the sidewalk, as approved by the Planning and Development Department. The landscape strip shall be installed by the developer and maintained by the HOA. 5. 7. The perimeter walls adjacent to Broadway Road and 67th Avenue shall include material and textural differences, such as stucco and/or split face block with a decorative element, as approved by the Planning and Development Department. 6. 8. The rear property line walls of lots number 61 through 69 shall consist of a four-foot block wall with two feet additional view fencing, as approved by the Planning and Development Department. 7. 9. Drive through facilities shall be located a minimum 100 feet from any residential district, as approved by the Planning and Development Department. 8. 10. The residential development ground signs shall be monument style and not exceed six feet in height, as approved by the Planning and Development Department. 9. 11. Right-of-way shall be dedicated and a bus bay (P1256-1) constructed at 67th Avenue as approved by the Planning and Development Department. 10. 12. Right-of-way totaling 55 feet shall be dedicated for the south half of Broadway Road and construct improvements to a CM Section, as approved by the Planning and Development Department. 11. 13. Right-of-way totaling 50 feet shall be dedicated for the west half of 67th Avenue and construct improvements to a D Section, as approved by the Planning and Development Department. 12. 14. 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 approved by the Planning and Development Department. All improvements shall comply with all ADA accessibility standards. 13. 15. Complete a Red Border Letter to notify ADOT of development adjacent to its freeway corridor and submit it to Alan Hilty in the Street Transportation Department 602-262-6193, with a copy to the Traffic Engineer and Civil Plans Reviewer. 14. 16. The right of way shall be dedicated and a bus stop pad constructed on eastbound Broadway Road west of 67th Avenue. Final placement of bus stop pad shall require approval from Public Transit Department. Bus stop pad shall be compliant with City of Phoenix Standard Detail P1260 with a minimum depth of 10 feet. 15. 17. The right of way shall be dedicated and a bus stop pad constructed on southbound 67th Avenue south of Broadway Road. Bus stop pad shall be compliant with City of Phoenix Standard Detail P1260 with a minimum depth of 10 feet. Bus stop pad shall be placed from intersection of 67th Avenue and Broadway Road according to City of Phoenix Standard Detail P1258. 16. 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-6516, this portion of the rezoning is now subject to the stipulations approved pursuant to Ordinance G-6516 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-45-12-7 SAID PARCEL BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 25; TOWNSHIP 1 NORTH; RANGE 1 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN; MARICOPA COUNTY, ARIZONA. SAID PARCEL MORE THOROUGHLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 25, TOWNSHIP 1 NORTH; RANGE 1 EAST, SAID POINT BEING THE NORTHEAST CORNER OF SAID PARCEL AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 07 MINUTES 28 SECONDS WEST, ALONG THE EAST SIDE OF THE SUBJECT PARCEL, A DISTANCE OF 783.53 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL; THENCE SOUTH 89 DEGREES 52 MINUTES 32 SECONDS WEST, A DISTANCE OF 734.15 FEET; THENCE NORTH 41 DEGREES 36 MINUTES 45 SECONDS WEST, A DISTANCE OF 130.55 FEET; THENCE NORTH 00 DEGREES 24 MINUTES 20 SECONDS WEST, A DISTANCE OF 694.67 FEET; THENCE SOUTH 89 DEGREES 16 MINUTES 33 SECONDS EAST, DISTANCE OF 817.70 FEET TO THE NORTHEAST CORNER OF SAID PARCEL AND THE TRUE POINT OF BEGINNING.