Attachment A - Draft Ordinance - Z-62-18-2.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 ORDINANCE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN
(CASE Z-62-18-2) FROM S-1 DCOD (RANCH OR FARM
RESIDENCE DISTRICT, DESERT CHARACTER OVERLAY
DISTRICT), S-1 (RANCH OR FARM RESIDENCE DISTRICT), AND
RE-35 DCOD (SINGLE-FAMILY RESIDENCE DISTRICT, DESERT
CHARACTER OVERLAY 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 488.63-acre site located at the southwest
corner of the 24th Street alignment and Sonoran Desert Drive in a portion of Sections 22
and 27, Township 5 North, Range 3 East, as described more specifically in Exhibit “A”, is
hereby changed from 144.82 acres of “S-1 DCOD” (Ranch or Farm Residence District,
Desert Character Overlay District), 333.57 acres of “S-1” (Ranch or Farm Residence
District), and 10.24 acres of “RE-35 DCOD” (Single-Family Residence District, Desert
Character Overlay District) 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 Verdin 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 3, 2022, as modified by the
following stipulations:
a.
Pages 6, 8, 26, and 28: Revise all references to the maximum density to
2.6 dwelling units per acre.
b.
Pages 6, 8, 26, and 28: Revise all references to the maximum number
of units to 1,250 dwelling units.
c.
Pages 23, 26, 28, 29, 35, 36, 59, 63, 75, 134, 135, and 136: Remove all
references to the “Single-Family Residential – Small Lot (SFR-3)” land
use district. Unit counts and percentages related to this removal shall be
updated accordingly.
d.
Pages 20, 52, 61, 102, and 113: Revise all references to the width of the
multi-use trail easement along the Mesquite Wash corridor to 30-feet-
wide.
e.
Pages 51, 71, 75, 76, 83, 86, 87, 104, 105, 106, 107, 108, 109, 110,
119, and 121: Revise all references to the “Approved Plant Palette” to
“Plant Palette”.
f.
Pages 8-22, Section 2. Land Use Plan, and pages 97-123, Section 9.
Certified Open Space Design Guidelines: Add language regarding
conveyance of approximately 16 acres addressed in Stipulation No. 8.
There shall be a provision for both on site open space and the dedicated
16 acres to count towards total open space.
g.
Page 16, Off-Site Connectivity: Add language regarding public trail
access easements provided for the Mesquite Wash corridor trail and
community paseo paths, per Stipulation No. 6. The section shall
specifically note that the access easements will ensure permanent
public access and restrict unauthorized motor vehicle access through
the residential community to the Sonoran Preserve.
h.
Page 23, Section 1.d.Accessory uses.(1): Revise to read, “permanent
and/or temporary alcoholic beverage and/or food sales and/or
consumption;”
i.
Page 35, Single-Family Land Use District Development Standards
Table: Add a row after Max. Dwelling Unit Density that reads “Maximum
Units: 1,250 dwelling units for the entire PUD area”.
j.
Pages 36-37, Single-Family Land Use District Development Standards
Table: Add a footnote that refers to the development parcel allocation
table in Section 4.c. (Regulatory Standards & Land Use Districts –
Development Standards) for the maximum unit counts for each
development parcel.
k.
Page 41, Section 6.1: Revise to read, “When not prohibited by City
Code, Section 31-13, primary ornamental entries no higher than 16-feet
are allowed…”
l.
Page 41, Section 6.3.a: Add the following sentence under the existing
sentence: “Any walls or fencing along a preserve edge/MCFCD property
boundary, other than walls or fencing for individual residential lots, shall
be comprised of the barrier fencing type, which are designed with
sufficient openings to allow the regular passage of wildlife.”
m.
Page 42, Section 6.3.B: Revise the reference to ‘a maximum 6-foot, 4-
inch high full view fencing” to ‘a maximum 5-foot high full view fencing’.
n.
Page 46, Section 6.6: Change ‘14 feet’ to ‘12 feet’.
o.
Pages 52-53, Section 2.C: Add language regarding public trail access
easements provided for the Mesquite Wash corridor trail and community
paseo paths, per Stipulation No. 6. The section should specifically note
that the access easements will ensure permanent public access and
restrict unauthorized motor vehicle access through the residential
community to the Sonoran Preserve.
p.
Page 79-80, Section 5.A, Last bullet point: Add the following after the
first sentence: “The use of retaining walls in excess of 4 feet is
discouraged and should be limited to locations where necessary to
accommodate specific site topography.”
q.
Pages 90-91, Section 6.H: Delete “Chilopsis Linearis – Desert Willow”
tree from the Green List and add it to the Yellow List trees on page 91.
r.
Pages 90 and 92, Section 6.H: Delete “Celtis Reticulata – Netleaf
Hackberry” shrub from the Yellow List and add it to the Green List
shrubs on page 90.
s.
Page 101, Certified Area Open Space Types Exhibit: Update the exhibit
to include the 25-foot open space tract that will be provided along the
eastern boundary of the site as a certified area Type “B” – natural
revegetated area.
t.
Page 105-108, Section 1.D.2: Add language regarding the minimum 25-
foot open space tract that will be provided along the eastern boundary of
the site to provide a transition to the Cave Creek Wash corridor. Explain
that the area’s plant material will be from the Plant Palette Green List.
u.
Pages 119 and 121, 1.E. Plant and Wildlife Relationship Matrix, Plant
Palette: Green List: Remove the image and information regarding
“Chilopsis Linearis – Desert Willow” and add to the Plant Palette: Yellow
List on page 121.
v.
Pages 119 and 122, 1.E. Plant and Wildlife Relationship Matrix, Plant
Palette: Yellow List: Remove the image information regarding “Celtis
Reticulata – Netleaf Hackberry” and add to the Plant Palette: Green List
on page 119.
w.
Page 123, Section 10.1.B: Revise to read, “The maximum height for
primary ornamental entry sign lettering and copy is 16 feet…”
2.
The applicant shall submit a Traffic Impact Study (TIS) to the City for this
development. No preliminary approval of plans shall be granted until the study
is reviewed and approved by the City. The TIS shall provide signal warrant
analysis for development access points along Sonoran Desert Drive as well as
7th Street and Dove Valley Road. The developer will be responsible for all
additional dedications and/or roadway and signal improvements as identified
by the approved study.
3.
The developer shall submit Master Street Design and Phasing Plans for each
Development Unit, as required by Section 636, Planned Community District
(PCD), of the Phoenix Zoning Ordinance.
4.
All designated public roadways shall meet the City of Phoenix Storm Water
Design Manual Standards for wash crossings.
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 developer shall provide public trail access easements for the Mesquite
Wash corridor trail and community paseo paths that provide connection to the
Sonoran Preserve as depicted on Exhibit 6, Pedestrian Circulation Plan, in the
development narrative, as modified and approved by the Parks and Recreation
Department and Planning and Development Department. The public access
shall be designed to restrict unauthorized motor vehicle access, as approved
by the Parks and Recreation Department and Planning and Development
Department. The location and design of trail connections shall be coordinated
with the Parks and Recreation Department and Planning and Development
Department.
7.
A minimum 12-foot-wide multi-use trail (MUT) shall be constructed within a 30-
foot-wide multi-use trail easement (MUTE) along the Mesquite Wash in
accordance with Section 429 of the City of Phoenix MAG supplemental detail,
as modified to address wash corridor constraints and approved by the Planning
and Development Department.
8.
The developer shall convey approximately 16 acres located at the southeast
corner of the site within the erosion hazard setback area along the Cave Creek
Wash corridor, as generally shown on Exhibit 11 of the development narrative,
to the City of Phoenix for inclusion in the Sonoran Preserve, as modified and
approved by the Parks and Recreation Department and Planning and
Development Department. The final acreage and configuration of the property
to be conveyed, along with timing of the conveyance, shall be mutually agreed
upon by the developer, the Parks and Recreation Department, and Planning
and Development Department.
9.
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.
10.
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.
11.
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.
12.
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.
13.
The developer shall notify the following individuals by email a minimum of 15
days prior to any preliminary site plan review meetings with the Planning and
Development Department, Planning Hearing Officer requests to modify
stipulations, or any zoning adjustment requests. The notice shall include the
date, time and location of the meeting/hearing.
a.
Dr. Gary Kirkilas: garykirkilas@gmail.com
b.
Members of the Phoenix Sonoran Preserve and Mountain
Parks/Preserves Committee
c
Vashti “Tice” Supplee: vsupplee25@gmail.com
14.
Approval of the Planned Unit Development shall be conditioned upon the final
execution of a development agreement between the City and the developer
within 24 months of City Council approval of this change of zone. Additionally,
the development agreement shall be executed prior to final site plan approval
and issuance of any grading and drainage permits. The development
agreement shall at a minimum outline the requirements for initial improvements
to Sonoran Desert Drive, as well as financial contributions for the ultimate
buildout of Sonoran Desert Drive, as modified and approved by the Street
Transportation and Planning and Development departments.
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 1st day of June, 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 (2 Pages)
B – Ordinance Location Map (1 Page)
EXHIBIT A
LEGAL DESCRIPTION FOR Z-62-18-2
PARCEL NO. 1:
THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 5 NORTH, RANGE 3
EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA
COUNTY, ARIZONA;
EXCEPT THAT PORTION OF SECTION 22, TOWNSHIP 5 NORTH, RANGE 3
EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 22;
THENCE NORTH 00° 20' 16" EAST, ALONG THE EAST LINE OF SAID SECTION
22, A DISTANCE OF 2,501.66 TO THE POINT OF BEGINNING;
THENCE NORTH 90° 00' 00" WEST, A DISTANCE OF 2,642.12 FEET TO THE
NORTH-SOUTH MID-SECTION LINE OF SAID SECTION 22;
THENCE NORTH 00° 28' 49" EAST, ALONG SAID MID-SECTION LINE, A
DISTANCE OF 141.23 FEET TO THE EAST-WEST MID-SECTION LINE OF SAID
SECTION 22;
THENCE NORTH 89° 48' 35" EAST, ALONG SAID MID-SECTION, LINE A
DISTANCE OF 2,641.83 FEET TO THE EAST QUARTER CORNER OF SAID
SECTION 22;
THENCE SOUTH 00° 20' 16" WEST, ALONG THE EAST LINE OF SAID SECTION
22, A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING.
PARCEL NO. 2:
THE NORTH HALF OF SECTION 27, TOWNSHIP 5 NORTH, RANGE 3 EAST OF
THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY,
ARIZONA;
EXCEPT ALL THE COAL AND OTHER MINERALS, AS RESERVED IN THE
PATENT. (AFFECTS THE NORTH HALF OF THE NORTHWEST QUARTER AND
THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION
27).
EXCEPT ALL MINERALS IN SAID LAND AS RESERVED TO THE UNITED
STATES IN PATENT; AND
EXCEPTING ALL URANIUM, THORIUM, OR OTHER MATERIAL WHICH IS OR
MAY BE DETERMINED TO BE PECULIARLY ESSENTIAL TO THE PRODUCTION
OF FISSIONABLE MATERIALS, WHETHER OR NOT OF COMMERCIAL VALUE
PURSUANT TO THE PROVISIONS OF THE ACT OF AUGUST 1, 1946 (60 STAT.
755), AS SET FORTH IN THE PATENT ON SAID LAND. (AFFECTS THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2).