Attachment A - Draft Ordinance - Z-25-22-8.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-25-22-8) FROM S-1 (RANCH OR FARM
RESIDENCE TO PUD (PLANNED UNIT DEVELOPMENT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 4.99-acre property located at the southwest
corner of 43rd Avenue and Baseline Road in a portion of Section 3, Township 1 South,
Range 2 East, as described more specifically in Exhibit “A,” is hereby changed from “S-
1” (Ranch or Farm Residence), to “PUD” (Planned Unit Development).
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.
An updated Development Narrative for the Laveen Veterinary Hospital and
Clinic PUD reflecting the changes approved through this request shall be
submitted to the Planning and Development Department within 30 days of City
Council approval of this request. The updated Development Narrative shall be
consistent with the Development Narrative date stamped June 16, 2022, as
modified by the following stipulations:
a.
Page 7, List of Uses, Accessory: Remove “except the following: drive-
through facilities as an accessory use to a restaurant”.
b.
Page 8, Development Standards Table: Remove building setback
standards for structures exceeding two stories or 30 feet.
c.
Pages 8-9, Development Standards Table: Add a section regarding
shade to the table and include the following standards:
i.
Minimum 75% for pedestrian pathways.
ii.
Minimum 20% for uncovered surface parking lot areas.
d.
Page 13: Add a Complete Streets section to address what standards in
the PUD promote the Complete Street Guidelines. Explain how the PUD
standards specifically improve convenience and comfort, connectivity,
sustainability, and green infrastructure.
2.
The developer shall dedicate a 30-foot-wide multi-use trail easement (MUTE)
along the south side of Baseline Road and construct a minimum 10-foot-wide
multi-use trail (MUT) within the easement in accordance with the MAG
supplemental detail and as approved by the Planning and Development
Department and/or Parks and Recreation Department. Where conflicts or
restrictions exist, the developer shall work with the Site Planning section on an
alternate design through the technical appeal process.
3.
The developer shall construct a minimum 5-foot-wide detached sidewalk along
the west side of 43rd Avenue and south side of Baseline Road with a minimum
11-foot-wide landscaped strip located between the sidewalk and back of curb
and planted to the following standards, as approved by the Planning and
Development Department:
a.
Minimum 3-inch caliper shade trees placed a minimum of 20 feet on
center or in equivalent groupings.
b.
Drought tolerant shrubs and vegetative groundcovers with a maximum
mature height of 24 inches to provide a minimum of 75% live coverage
at maturity.
c.
Where utility conflicts arise, the developer shall work with the Planning
and Development Department on an alternative design solution
consistent with a pedestrian environment.
4.
The applicant shall submit a Traffic Impact Study/Statement to the City for this
development. The developer shall be responsible for the cost and construction
of all mitigation identified through the analysis. No preliminary approval of plans
shall be granted until the study is reviewed and approved by the Street
Transportation Department.
5.
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.
6.
The right-of-way shall be dedicated and a bus bay with attached pad (City of
Phoenix Standard Details P1256, P1258, and P1261) constructed along
southbound 43rd Avenue, as approved by the Planning and Development
Department.
7.
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.
8.
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-25-22-8
That portion of the Northwest quarter of Section 3, Township 1 South, Range 2 East of
the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as
follows:
Commencing at the South quarter corner of Section 33, Township 1 North, Range 2
East;
Thence North 89° 47’ 51” East along the South line of said Section 33 a distance of
2324.28 feet to the Northwest corner of Section 3, Township 1 South, Range 2 East and
the POINT OF BEGINNING from whence a found brass cap in handhole bears North
00° 02’ 04” West a distance of 0.65 feet;
Thence continuing North 89° 47' 51" East along said South line a distance of 284.07
feet to the Southeast corner of Section 33, Township 1 North, Range 2 East;
Thence South 00° 29' 37" West along the monument line of 43rd Avenue a distance of
326.82 feet to the beginning of a tangent curve, whose radius bears North 89° 30' 22"
West a distance of 721.78 feet;
Thence southerly along said curve through a central angle of 26° 01' 50" a distance of
327.92 feet to a non-tangent line;
Thence South 26° 32' 13" West a distance of 287.70 feet to the beginning of a tangent
curve, whose radius bears South 63° 27' 47" East a distance of 721.78 feet;
Thence southerly along said curve through a central angle of 26° 34' 18" a distance of
334.74 feet to a to a point of tangency on the West line of Section 3;
Thence North 00° 02' 04" West along said West line a distance of 1222.14 feet to the
POINT OF BEGINNING.
Containing 217,246 sq. ft. or 4.987 acres