Attachment A - Draft Ordinance - Z-30-22-1.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 ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-30-22-1) FROM RE-43 DVAO (ONE FAMILY
RESIDENCE, DEER VALLEY AIRPORT OVERLAY DISTRICT), C-
1 DVAO (NEIGHBORHOOD RETAIL, DEER VALLEY AIRPORT
OVERLAY DISTRICT), CP/BP DVAO (COMMERCE PARK
DISTRICT, BUSINESS PARK OPTION, DEER VALLEY AIRPORT
OVERLAY DISTRICT), CP/GCP SP DVAO (COMMERCE PARK
DISTRICT, GENERAL COMMERCE PARK OPTION, SPECIAL
PERMIT, DEER VALLEY AIRPORT OVERLAY DISTRICT) TO R-
3A DVAO (MULTIFAMILY RESIDENCE DISTRICT, DEER
VALLEY AIRPORT OVERLAY DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 24.88-acre site located approximately 330
feet south of the southwest corner of the I-17 Freeway and Pinnacle Peak Road in a
portion of Section 13, Township 4 North, Range 2 East, as described more specifically
in Exhibit “A,” is hereby changed from 6.24 acres of “RE-43 DVAO” (One Family
Residence, Deer Valley Airport Overlay District), 11.10 acres of “C-1 DVAO”
(Neighborhood Retail, Deer Valley Airport Overlay District), 5.07 acres of “CP/BP
DVAO” (Commerce Park District, Business Park Option, Deer Valley Airport Overlay
District), and 2.47 acres of “CP/GCP SP DVAO” (Commerce Park District, General
Commerce Park Option, Deer Valley Airport Overlay District) to “R-3A DVAO”
(Multifamily Residence District, Deer Valley Airport Overlay District).
SECTION 2. The Planning and Development Director is instructed to
modify the Zoning Map of the City of Phoenix to reflect this use district classification
change as shown in Exhibit “B.”
SECTION 3. Due to the site’s specific physical conditions and the use
district applied for by the applicant, this rezoning is subject to the following stipulations,
violation of which shall be treated in the same manner as a violation of the City of
Phoenix Zoning Ordinance:
1.
No development shall occur above the 10 percent slope line as determined by
a slope analysis approved by the Planning and Development Department.
2.
The building height shall not exceed a maximum of 40 feet.
3.
A minimum 20-foot-wide landscape setback shall be provided along the I-17
frontage.
4.
The required landscape setback along the Interstate 17 freeway frontage shall
be landscaped with minimum 50 percent 2-inch caliper and 50 percent 3-inch
caliper single-trunk large canopy drought-tolerant shade trees, planted 20 feet
on center or in equivalent groupings, as approved by the Planning and
Development Department.
5.
A perimeter wall no less than 6 feet in height shall be provided along the
Interstate 17 freeway, except where carriage houses are provided as shown on
the site plan date stamped April 6, 2022. This wall shall include material and
textural differences, such as stucco and/or split face block with a decorative
element, such as tile or stamped designs, as approved by the Planning and
Development Department.
6.
A minimum of 10 percent open space shall be provided, as approved by the
Planning and Development Department.
7.
A minimum of six amenities shall be provided, which may include but not be
limited to barbeques, ramadas or pools, and distributed throughout the site, as
approved by the Planning and Development Department.
8.
All uncovered surface parking lot areas shall be landscaped with minimum 2-
inch caliper large canopy drought tolerant shade trees. Landscaping shall be
dispersed throughout the parking area and achieve 25 percent shade at
maturity, as approved by Planning and Development Department.
9.
The developer shall dedicate a 30-foot wide multi-use trail easement (MUTE)
as shown on the site plan date stamped April 6, 2022 and construct a minimum
10-foot wide multi-use trail (MUT) within the easement in accordance with the
MAG supplemental detail, as approved by the Planning and Development
Department and/or Parks and Recreation Department. The developer shall
work with the Site Planning section on an alternate design for this requirement
through the technical appeal process.
10.
The developer shall construct right-of-way improvements along the Interstate
17 frontage road for the limits of the subject site including sidewalks, as
determined and approved by the Arizona Department of Transportation.
11.
The developer shall obtain appropriate ingress/egress easements from the
State of Arizona to gain access from Pinnacle Peak Road.
12.
The developer shall provide documentation of ADOT review and approval of a
traffic study prior to preliminary site plan approval.
13.
Bicycle parking spaces shall be provided per the requirements of Section
1307.H. of the Phoenix Zoning Ordinance, as approved by the Planning and
Development Department. Artistic racks shall adhere to the City of Phoenix
Preferred Designs in Appendix K of the Comprehensive Bicycle Master Plan.
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 per plans approved by
the Planning and Development Department. All improvements shall comply
with all ADA accessibility standards.
15.
This parcel is in a Special Flood Hazard Area (SFHA) called Zone A, on panel
1280 M of the Flood Insurance Rate Maps (FIRM) dated September 18, 2020.
The following requirements shall apply, as approved by the Planning and
Development Department:
a.
The Architect/Engineer is required to show the floodplain boundary limits
on the Grading and Drainage plan and ensure that impacts to the
proposed facilities have been considered, following the National Flood
Insurance Program (NFIP) Regulations (44 CFR Paragraph 60.3). This
includes, but not limited to provisions in the latest versions of the
Floodplain Ordinance of the Phoenix City Code.
b.
A copy of the Grading and Drainage Plan needs to be submitted to the
Floodplain Management section of Public Works Department for review
and approval of Floodplain requirements.
c.
FEMA approved CLOMR-F or CLOMR is required prior to issuance of a
Grading and Drainage permit.
16.
The property owner shall record a Notice to Prospective Purchasers of
Proximity to Airport in order to disclose the existence and operational
characteristics of Phoenix Deer Valley Airport (DVT) to future owners or
tenants of the property.
17.
The developer shall provide a No Hazard Determination for the proposed
development from the FAA pursuant to the FAA’s Form-7460 obstruction
analysis review process, prior to construction permit approval, as per plans
approved by the Planning and Development Department. If temporary
equipment used during construction exceeds the height of the permanent
structure a separate Form 7460-1 shall be submitted to the FAA and a “No
Hazard Determination” obtained prior to the construction start date.
18.
The developer shall provide Avigation Notice consistent with Section 658.D,
Deer Valley Airport Overlay District, of the Phoenix Zoning Ordinance, prior to
final site plan approval.
19.
Prior to issuance of a final certificate of occupancy, the developer must install a
sign (approximately 8 inches by 11 inches in size) within the development's
sales/leasing office that is visible to prospective renters or purchasers which
discloses the proximity of the Phoenix Deer Valley Airport (DVT) and increased
frequency of overflight and related aircraft noise, as approved by the Aviation
Department.
20.
Prior to occupancy, the developer must provide a qualified engineer’s report
certifying the average annual interior noise exposure for any residential unit or
enclosed public assembly area will not exceed 45 decibels.
21.
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.
22.
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.
23.
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.
24.
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 4. 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 7th day of September,
2022.
________________________________
MAYOR
ATTEST:
_________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Cris Meyer, City Attorney
By:
_________________________
_________________________
REVIEWED BY:
_________________________
Jeffrey Barton, City Manager
Exhibits:
A – Legal Description (1 Page)
B – Ordinance Location Map (1 Page)
EXHIBIT A
LEGAL DESCRIPTION FOR Z-30-22-1
A PORTION OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 4
NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA
COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 13 FROM WHICH
THE NORTH QUARTER CORNER OF SAID SECTION 13 BEARS SOUTH 89°50'16"
EAST, A DISTANCE OF 2640.10 FEET;
THENCE ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER OF
SECTION 13, SOUTH 89°50'16" EAST, A DISTANCE OF 596.11 FEET TO THE
WESTERLY RIGHT OF WAY LINE OF INTERSTATE HIGHWAY 17;
THENCE LEAVING SAID NORTH LINE, ALONG SAID WESTERLY RIGHT OF WAY
LINE, SOUTH 17°32'43" EAST, A DISTANCE OF 1146.20 FEET;
THENCE SOUTH 09°52'20" EAST, A DISTANCE OF 163.12 FEET;
THENCE SOUTH 80°07'35" WEST, A DISTANCE OF 37.99 FEET;
THENCE SOUTH 09°52'20" EAST, A DISTANCE OF 57.51 FEET;
THENCE LEAVING SAID RIGHT OF WAY LINE, NORTH 89°45'40" WEST, A
DISTANCE OF 946.81 FEET TO SAID WEST LINE OF THE NORTHWEST QUARTER
OF SECTION 13;
THENCE ALONG SAID WEST LINE, NORTH 00°12'28" EAST, A DISTANCE OF
1314.50 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 1,054,931 SQUARE FEET OR 24.218 ACRES, MORE OR
LESS.