Attachment A - Draft Ordinance - Z-65-20-6.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 ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ORDINANCE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN
(CASE Z-65-20-6) FROM P-1 (PARKING DISTRICT) AND C-2
(INTERMEDIATE COMMERCIAL DISTRICT) TO PUD (PLANNED
UNIT DEVELOPMENT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 3.23-acre site located approximately 180 feet
south of the southeast corner of 7th Street and Palo Verde Lane in a portion of Section
16, Township 2 North, Range 3 East, as described more specifically in Exhibit “A”, is
hereby changed from “P-1” (Parking District) and “C-2” (Intermediate Commercial) 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 Broadstone on 7th 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 4, 2021, as modified by the following stipulations:
a.
Front cover: Revise the submittal date information on the bottom to add the
following: Hearing draft submittal: June 4, 2021; City Council adopted: [Add
adoption date].
b.
Page 10, Development Standards Table, Parking Setbacks: Please replace
“Rear Lot Line (8th Place)” with “Secondary Frontage (8th Place).”
c.
Page 12, Signage Standards: Replace “Walkable Urban Code Section
1309” with “Walkable Urban Code Section 1308” to reference the correct
Zoning Ordinance section.
d.
Page 12, Signage Standards Table, Projecting Sign: Revise the maximum
sign area to 53 square feet, with a maximum length of 15 feet and maximum
width of 3 feet.
2.
All cross-access agreements shall incorporate a pedestrian pathway, as approved
by the Planning and Development Department.
3.
The developer shall dedicate a 10-foot-wide sidewalk easement on the east side of
7th Street, as approved by the Planning and Development Department.
4.
The applicant shall submit a traffic statement to the City for this development. No
preliminary approval of plans shall be granted until the study is reviewed and
approved by the City. Contact the Street Transportation Department to set up a
meeting to discuss the requirements of the study. Upon completion of the TIS the
developer shall submit the completed TIS to the Planning and Development
Department counter with instruction to forward the study to the Street
Transportation Department, Development Coordination Section.
5.
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.
6.
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.
7.
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 25th day of August
2021.
________________________________
MAYOR
ATTEST:
____________________________City Clerk
APPROVED AS TO FORM:
____________________________City Attorney
REVIEWED BY:
____________________________City Manager
Exhibits:
A – Legal Description (1 Page)
B – Ordinance Location Map (1 Page)
EXHIBIT A
LEGAL DESCRIPTION FOR Z-65-20-6
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE NORTHWEST
QUARTER OF SECTION 16, TOWNSHIP 2 NORTH, RANGE 3 EAST OF THE GILA
AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, AND IS
DESCRIBED AS FOLLOWS:
PARCEL NO 1:
LOT 2, THE NORTH HALF OF LOT 3, THE NORTH HALF OF LOT 10 AND ALL OF
LOTS 11 AND 12, BLOCK 2, MONTGOMERY ACRES, ACCORDING TO BOOK 29 OF
MAPS, PAGE 17, RECORDS OF MARICOPA COUNTY, ARIZONA; EXCEPT THE
WEST 7 FEET OF SAID LOTS 10, 11 AND 12.
PARCEL NO. 2:
AN EASEMENT CREATED BY INSTRUMENT RECORDED IN DOCKET 16330, PAGE
667, RECORDS OF MARICOPA COUNTY, ARIZONA, FOR JOINT USE OF A
DRIVEWAY OVER THE NORTH 12 FEET OF THE SOUTH HALF OF LOT 10, BLOCK
2, MONTGOMERY ACRES, ACCORDING TO BOOK 29 OF MAPS, PAGE 17,
RECORDS OF MARICOPA COUNTY, ARIZONA; EXCEPT THE WEST 7 FEET OF SAID
LOT 10.
PARCEL NO. 3:
AN EASEMENT CREATED BY INSTRUMENT RECORDED IN RECORDING NO. 87-
0516895, RECORDS OF MARICOPA COUNTY, ARIZONA, FOR JOINT USE OF A
DRIVEWAY OVER A PORTION OF LOT 10, BLOCK 2, MONTGOMERY ACRES,
ACCORDING TO BOOK 29 OF MAPS, PAGE 17, RECORDS OF MARICOPA COUNTY,
ARIZONA.
PARCEL NO. 4:
LOT 9 AND THE SOUTH HALF OF LOT 10, BLOCK 2, MONTGOMERY ACRES,
ACCORDING TO BOOK 29 OF MAPS, PAGE 17, RECORDS OF MARICOPA COUNTY,
ARIZONA; EXCEPT THE WEST 7 FEET THEREOF