Attachment A - Draft Ordinance - Z-21-22-2.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 PARCELS DESCRIBED
HEREIN (CASE Z-21-22-2) FROM PCD NBCOD (PLANNED
COMMUNITY DISTRICT, NORTH BLACK CANYON OVERLAY
DISTRICT), APPROVED C-2 OR CP M-R PCD NBCOD
(APPROVED INTERMEDIATE COMMERCIAL OR COMMERCE
PARK DISTRICT, MID-RISE DISTRICT, PLANNED COMMUNITY
DISTRICT, NORTH BLACK CANYON OVERLAY DISTRICT) TO
PUD NBCOD (PLANNED UNIT DEVELOPMENT, NORTH BLACK
CANYON OVERLAY DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of an 7.53-acre site located approximately 170
feet west of the southwest corner of North Valley Parkway and Dove Valley Road in a
portion of Section 14, Township 5 North, Range 2 East, as described more specifically
in Exhibit “A,” is hereby changed from “PCD NBCOD (Approved C-2 or CP M-R PCD
NBCOD)” (Planned Community District, North Black Canyon Overlay District) (Approved
Intermediate Commercial or Commerce Park District, Mid-Rise District, Planned
Community District, North Black Canyon Overlay District) to “PUD NBCOD” (Planned
Unit Development, North Black Canyon 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.
An updated Development Narrative for the Alta Dove Valley 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 March 28, 2023, as modified by the following stipulations:
a.
Front cover: Revise the submittal date information on the bottom to add the
following: City Council adopted: [Add adoption date].
b.
Page 9, Development Standards, 1st paragraph: Change paragraph to
read “Except where modified below, this PUD shall comply with the
North Black Canyon Overlay District (Section 654), the R-5 Multifamily
Residence District, Table B, (a) Subdivision Development Option
outlined in Section 618, the parking standards outlined in Section 702,
and the landscaping and open space standards outlined in Section 507
Tab A and Section 703 of the Phoenix Zoning Ordinance. Any
commercial uses provided shall be located on the ground floor of the
multifamily residential building and shall comply with the same
development standards as the multifamily residential building.”
c.
Page 9, Development Standards, Common Open Space/Amenity Areas:
Start the header on the next page.
d.
Page 10, Development Standards, Parking Standards, Parking Spaces
(bicycles), 2nd paragraph: Replace the paragraph as follows:
A bicycle repair station (“fix it station”) shall be provided and maintained
on site within an amenity area or near a primary site entrance. The
bicycle repair station (“fix it station”) shall be provided in an area of high
visibility and separated from vehicular maneuvering areas, where
applicable. The repair station shall include, but not be limited to:
i.
Standard repair tools affixed to the station
ii.
A tire gauge and pump affixed to the base of the station or the
ground
iii.
A bicycle repair stand which allows pedals and wheels to spin
freely while making adjustments to the bike
e.
Page 14, Development Standards, Sidewalk and Pedestrian Pathway
Standards, Pedestrian Connection Pathway to Commercial Center to the
West of this Site: Align second column with columns above and change
“sidewalk” to “Pathway”.
f.
Pages 14-15, Design Guidelines, Exterior Materials: Add “The exterior
perimeter building elevations shall be finished with an average maximum of
60% stucco material”.
g.
Page 15, Design Guidelines, Exterior Materials, 3rd paragraph (Exposed
areas of the parking garage walls...): Replace the third paragraph as
follows:
Exposed areas of the parking garage walls shall be decoratively screened
with metal trellises, architectural metal panels and extrusions, translucent
glazing, decorative lighting, and/or other architectural screening materials
that will add texture, depth, shadow lines, create visual interest for
pedestrians, and enhance the public right-of-way.
h.
Page 15, Design Guidelines, Exterior Materials, 4th paragraph (Where
pedestrian walkways cross…): Add a new header for this paragraph named
“Pedestrian Crossing Pavement Material”.
i.
Page 17, Pedestrian Circulation and Connectivity, 2nd paragraph (An east-
west minimum 5-foot-wide concrete…): Add at the end of the last sentence
“, located near the center of the west property line.”
j.
Pages 38-44, Development Standards Comparison Table: Update the R-5
(Subdivision) column to include information for each standard on what the
minimum Phoenix Zoning Ordinance requirements would be to compare to
what the PUD is providing.
2.
A 30-foot-wide multi-use trail easement (MUTE) shall be dedicated along the
north property line, adjacent to Dove Valley Road, and a minimum 10-foot-wide
multi-use trail (MUT) shall be constructed within the easement in accordance with
the MAG supplemental detail and as approved by the Planning and Development
Department.
3.
The developer shall dedicate a minimum of 70-feet of right-of way and construct
the south side of Dove Valley Road, including detached sidewalks, as required by
the approved Canyon Crossroads Master Street Plan.
4.
The developer shall dedicate a minimum of 30-feet of right-of-way and a minimum
10-foot-wide sidewalk easement and construct the north side of the new collector
street (Commitment Way) along the property’s southern boundary, as approved
by the Planning and Development Department.
5.
The developer shall construct minimum 5-foot-wide detached sidewalk and
minimum 8-foot-wide landscape area located between the back of curb and
sidewalk for the north side of the new collector street (Commitment Way), as
approved by the Planning and Development Department.
6.
The developer shall provide $115,000 in escrow to fund a traffic control device
along Dove Valley Road to serve the property, prior to final site plan approval and
as approved by the Street Transportation Department.
7.
The developer shall extend the existing median island west to the west full access
location at the western edge of this development. Landscaping shall be provided
in the 24-foot-wide median island with minimum 3-inch caliper, large canopy,
drought-tolerant shade trees planted 20 feet on center or in equivalent groupings
and shrubs, accents and vegetative ground covers to achieve a minimum of 75%
live coverage at maturity, as approved by the Planning and Development
Department and Street Transportation Department.
8.
The applicant shall submit a Traffic Impact Study to the City for this
development. The developer shall be responsible for 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.
9.
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.
10.
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 Archeologist, and allow time for the
Archeology Office to properly assess the materials.
11.
The developer shall limit parallel parking along the west side of the development
to a maximum of two hours to eliminate overnight parking.
12.
Landscaping shall not include jumping cacti or thorns adjacent to the multi-use
trail along Dove Valley Road.
13.
Landscaping in median along Dove Valley Road shall match existing landscaping
in the surrounding right-of-way areas and be cohesive, such as, but not limited to,
using the same rock and planting species.
14.
The updated site plan and building elevations shall be presented for review and
comment to the North Gateway Village Planning Committee prior to final site plan
approval.
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 14th day of June,
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
A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER (NE 1/4) OF
SECTION 14, TOWNSHIP 5 NORTH, RANGE 2 EAST, OF THE GILA AND SALT
RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A CITY OF PHOENIX BRASS CAP IN A HAND HOLE MARKING
THE NORTHEAST CORNER OF SAID SECTION 14 FROM WHICH A REBAR (NO
IDENTIFICATION) MARKING THE NORTH QUARTER CORNER OF SAID SECTION
14 BEARS SOUTH 89 DEGREES 26 MINUTES 10 SECONDS WEST
2639.64 FEET;
THENCE SOUTH 89 DEGREES 26 MINUTES 10 SECONDS WEST, ALONG THE
NORTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 164.99 FEET;
THENCE DEPARTING SAID NORTH LINE, SOUTH 0 DEGREES 21 MINUTES 33
SECONDS EAST, A DISTANCE OF 72.25 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 0 DEGREES 21 MINUTES 33 SECONDS EAST, A
DISTANCE OF 590.05 FEET;
THENCE SOUTH 89 DEGREES 27 MINUTES 53 SECONDS WEST, A DISTANCE OF
494.92 FEET;
THENCE NORTH 0 DEGREES 21 MINUTES 38 SECONDS WEST, A DISTANCE OF
592.05 FEET;
THENCE NORTH 89 DEGREES 26 MINUTES 10 SECONDS EAST, A DISTANCE OF
477.94 FEET;
THENCE SOUTH 83 DEGREES 01 MINUTES 18 SECONDS EAST, A DISTANCE OF
17.14 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 293064 SQUARE FEET OR 6.7278
ACRES OF LAND, MORE OR LESS, INCLUDING ANY ENCUMBRANCES.