Attachment A - Draft Ordinance - PHO-1-23--Z-61-21-6.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-61-21-6 PREVIOUSLY APPROVED BY ORDINANCE G-6955. ____________ BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as follows: SECTION 1. The zoning stipulations applicable located approximately 150 feet north of the northeast corner of 44th Street and Earll Drive in a portion of Section 30, Township 2 North, Range 4, 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 and elevations date stamped AUGUST 16, 2023 September 2, 2021, with specific regard to the following and as approved by the Planning and Development Department. a. There shall be a maximum building height of 1 story and 15 feet. b. The development shall be at a scale and intensity that reflects adjacent residential uses and incorporates architectural features and detailing that are consistent and compatible with existing residential uses in the surrounding area. 2. There shall be a minimum 20-foot landscape setback along 44th Street for both properties. 3. The required landscape setback along 44th Street shall include large canopy shade trees 20 feet on center or in equivalent groupings, as approved by the Planning and Development Department. Twenty-five percent of the trees shall be minimum four-inch caliper and 75 percent of the trees shall be minimum three-inch caliper. Five, five-gallon shrubs per tree, and additional shrubs or live groundcover shall provide minimum 75 percent live cover at maturity, as approved by the Planning and Development Department. 4. The public sidewalk along 44th Street shall be detached with a landscape strip located between the sidewalk and back of curb following the most recent Cross Section of the Street Classification Map and planted to the following standards, as approved by the Planning and Development Department. a. Minimum 2-inch caliper shade trees that provide a minimum 75 percent shade at maturity. Where utility conflicts exist, the developer shall work with the Planning and Development Department on alternative design solutions consistent with a pedestrian environment. b. Drought tolerant vegetation maintained at a maximum mature height of 24 inches and achieve minimum 75 percent live coverage. 5. The required landscape setback along the northern property line of the northern parcel shall be planted with minimum 2-inch caliper shade trees placed 20 feet on center or in equivalent groupings, as approved by the Planning and Development Department. 6. A minimum 5-foot landscape setback shall be required along the eastern property line. This setback shall be planted with minimum 8-foot-tall shrubs or plants to provide a tall vegetative buffer from adjacent single- family residences to the east, as approved by the Planning and Development Department. 7. All uncovered surface parking lot areas shall be landscaped with minimum 2-inch caliper 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. Shade may be provided with a combination of trees and structural shade. 8. There shall be no internally lit signs on the site. Signage shall be approved by the Planning and Development Department. 9. A minimum of four bicycle parking spaces shall be provided through inverted U and/or artistic racks located near building entrances for each of the existing buildings. These parking spaces shall be installed 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. 10. Clearly defined, accessible pedestrian pathways shall be provided to connect building entrances and public sidewalks, using the most direct route for pedestrians, as approved by the Planning and Development Department. 11. Where pedestrian pathways cross drive aisles, they shall be constructed of decorative pavers, stamped or colored concrete, or other pavement treatments that visually contrast with the adjacent parking and drive aisle surfaces, as approved by the Planning and Development Department. 12. The developer shall dedicate a minimum 10-foot-wide sidewalk easement and construct the east side of 44th Street, as approved by the Planning and Development Department. 13. The developer shall construct a minimum 5-foot-wide detached sidewalk and a minimum 5-foot-wide landscape area located between the back of curb and sidewalk, as approved by the Planning and Development Department. 14. The developer shall record a cross-access agreement for any shared access drives along 44th Street, as approved by the Planning and Development Department. 15. There shall be a maximum of one driveway along 44th Street. 16. The developer shall construct all streets within and adjacent to the development with paving, curb, gutter, sidewalk, curb ramps, streetlights, landscaping and other incidentals, as per plans approved by the Planning and Development Department. All improvements shall comply with the current ADA Guidelines. 17. 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. 18. 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-6955 this portion of the rezoning is now subject to the stipulations approved pursuant to Ordinance G-6955 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 20th day of September, 2023. ________________________________ MAYOR ATTEST: _________________________ Denise Archibald, City Clerk APPROVED AS TO FORM: Julie M. Kriegh, 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 PHO-1-23--Z-61-21-6 A Portion of the Southeast Quarter of Section 30, Township 2 North, Range 4 East of the Gila and Salt River Base and Meridian Maricopa County, Arizona Legal Description – APN 127-07-031: The South 70 feet of Lot 29 and the North 60 feet of Lot 30, of SUNBEAM UNIT NO. 2, according to the plat of record in the office of the County Recorder of Maricopa County, Arizona, recorded in Book 42 of Maps, Page 33. Legal Description – APN 127-07-030: Lot 28 and the North 86 feet of Lot 29, SUNBEAM UNIT No. 2, according to the plat of record in the office of the County Recorder of Maricopa County, Arizona, recorded in Book 42 of Maps, Page 33