Attachment A - Draft Ordinance - Z-6-22-2.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 PARCEL DESCRIBED
HEREIN (CASE Z-6-22-2) FROM S-1 (RANCH OR FARM
RESIDENCE DISTRICT) TO R1-10 (SINGLE-FAMILY RESIDENCE
DISTRICT), R-2 (MULTIFAMILY RESIDENCE DISTRICT), AND R-3A
(MULTIFAMILY RESIDENCE DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of 417.33-acre site located approximately 2,400 feet
southwest of the southwest corner of Cave Creek Road and Jomax Road in a portion of
Sections 1, 2, and 11, Township 4 North, Range 3 East, as described more specifically in
Exhibit “A,” is hereby changed from 417.33 acres of “S-1” (Ranch or Farm Residence
District), to 388.10 acres of “R1-10” (Single-Family Residence District), 14.19 acres of “R-
2” (Multifamily Residence District), and 15.04 acres of “R-3A” (Multifamily Residence
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:
OVERALL SITE
1.
Prior to the issuance of Final Site Plan approval, the landowner shall convey
approximately 74 acres (or an area mutually agreed upon by the city and the
owner) of hillside land selected by the City of Phoenix and located in the area
depicted as “Hillside Area” on the site plan date stamped February 4, 2022, to
the City of Phoenix for the use as a City of Phoenix desert park and/or
mountain preserve, as modified and approved by the Planning and
Development Department and the Parks and Recreation Department.
2.
The developer shall work with the City of Phoenix Parks and Recreation
Department to determine a maximum of two access points to the desert park or
mountain preserve area prior to issuance of preliminary site plan approval. The
access points shall be made accessible to the public through a trail network,
within and/or bounding the site, as approved or modified by the Planning and
Development Department. In conjunction with the electric utility provider, the
developer shall also explore the possibility of providing a public access parking
lot in the utility easement area with access to the preserve trail network.
3.
A minimum landscaped setback of 140 feet shall be provided along the Cave
Creek Road frontage.
4.
The required landscape setbacks along Cave Creek Road, Desert Peak
Parkway, and the perimeter setbacks for the R-2 and R-3A zoned portions of
the site where adjacent to single-family residential zoning shall be planted with
a minimum of 70 percent 2-inch caliper and 30 percent 3-inch caliper large
canopy drought-tolerant trees, 20 feet on center or in equivalent groupings,
with five 5-gallon shrubs per tree, as approved or modified by the Planning and
Development Department.
5.
Within the development and along Cave Creek Road and Desert Peak
Parkway, all pedestrian paths, multi-use trails, and sidewalks, excluding
sidewalks along internal streets, shall be shaded by a structure, landscaping at
maturity, or a combination of the two to provide a minimum of 75 percent
shade, as approved or modified by the Planning and Development Department.
6.
The developer shall dedicate 30-foot-wide multi-use trail easements (MUTE)
along the east side of Desert Peak Parkway and the west side of Cave Creek
Road and construct a minimum 10-foot-wide multi-use trail (MUT) within the
easements in accordance with the MAG supplemental detail and as approved
by the Planning and Development Department. Where conflicts or restrictions
exist, the developer shall work with the Site Planning Section on an alternative
design through the technical appeal process.
7.
The developer shall construct minimum 10-foot-wide community trails and
multi-use trails, as generally depicted on the Overall Trails Exhibit, date
stamped April 15, 2022, as approved or modified by the Planning and
Development Department. Where conflicts or restrictions exist, the developer
shall work with the Site Planning Section on an alternative design through the
technical appeal process.
8.
The developer shall dedicate right-of-way and construct one bus stop pad
along southbound Cave Creek Road. The bus stop pad shall be constructed
according to the City of Phoenix Standard Detail P1260 with a minimum depth
of 10 feet and be located from the intersection of the main access point on
Cave Creek Road according to City of Phoenix Standard Detail P1258, as
approved or modified by the Planning and Development Department or the
Public Transit Department.
9.
The developer shall construct a minimum 5-foot-wide detached sidewalk and a
minimum 11-foot-wide landscape area between the back of curb and sidewalk
along Cave Creek Road, planted to the following standards and as approved or
modified by the Planning and Development Department or Street
Transportation Department.
a.
Minimum 2-inch caliper shade trees planted 20 feet on center or in
equivalent groupings.
b.
Drought tolerant vegetation to achieve 75 percent live coverage at
maturity.
Where utility conflicts arise, the developer shall work with the Planning and
Development Department on an alternative design solution consistent with a
pedestrian environment.
10.
The developer shall construct minimum 5-foot-wide detached sidewalks with
minimum 5-foot-wide landscape areas between the back of curb and sidewalks
along the primary roadway through the subdivision, as generally depicted on
the Overall Trails Exhibit, date stamped April 15, 2022, planted with minimum
2-inch caliper shade trees, 25 feet on center or in equivalent groupings, as
approved or modified by the Planning and Development Department. Where
utility conflicts arise, the developer shall work with the Planning and
Development Department on an alternative design solution consistent with a
pedestrian environment.
11.
The developer shall dedicate 65 feet of right-of-way along Cave Creek Road,
as approved by the Planning and Development Department.
12.
The developer shall construct a 24-foot-wide landscaped median island along
Desert Peak Parkway from Hillstone Way to 23rd Street, as approved or
modified by the Planning and Development Department.
13.
The developer shall align the primary roadway through the subdivision with the
intersection of Desert Peak Parkway and Hillstone Way and shall be
responsible for any modifications to the existing drainage facility and access
ramp, as approved or modified by the Planning and Development Department.
14.
The developer shall connect to the existing stub streets of Rustling Oaks Lane,
27th Place, and 29th Way, as depicted on the site plan date stamped February
4, 2022 , but shall be restricted to emergency access only and as approved or
modified by the Planning and Development Department. Additionally, the
developer shall provide pedestrian access at the above referenced street stubs
to facilitate pedestrian circulation between the development and the existing
Desert Peak neighborhood.
15.
The developer shall submit a Traffic Impact Study, including a Cave Creek
Road Traffic Corridor Analysis from Sonoran Desert Drive south to the 101
Freeway to evaluate the overall level of service and corridor conditions with
impacts associated with the proposed 1,545 dwelling units. The developer shall
be responsible for regional 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.
16.
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.
17.
The developer shall grant and record an avigation easement to the City of
Phoenix for the site, per the content and form prescribed by the City Attorney
prior to final site plan approval.
18.
The developer shall provide a No Hazard Determination for the proposed
development from the FAA pursuant to the FAA’s Form-7460 obstruction
analysis review process, prior to construction permit approval, as per plans
approved by the Planning and Development Department.
19.
The property owner shall record documents that disclose the existence, and
operational characteristics of Deer Valley Airport to future owners or tenants of
the property. The form and content of such documents shall be according to
the templates and instructions provided which have been reviewed and
approved by the City Attorney.
20.
If determined necessary by the Phoenix Archeology 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 Archeologist prior to
clearing and grubbing, landscape salvage, and/or grading approval.
21.
If Phase I data testing is required, and if, upon review of the results from Phase
I data testing, the City Archeologist, in consultation with a qualified
archeologist, determines such data recovery excavations are necessary, the
applicant shall conduct Phase II archeological data recovery excavations.
22.
In the event archeological 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.
23.
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.
R1-10 ZONED AREA
24.
Building elevations shall depict architectural detailing applied to windows on all
sides of the homes, as approved by the Planning and Development
Department.
25.
A minimum of 15 percent of the gross site area for the R1-10 zoned portion of
the site, after dedication of the hillside area to the city, shall be retained as
open space, including washes and internal hillside areas, as approved by the
Planning and Development Department. This requirement shall not be applied
to individual phases of the overall development.
26.
A minimum of two distinct active open space areas and a minimum of three
passive open space areas shall be provided within the overall R1-10 zoned
area, as approved by the Planning and Development Department.
R-2 ZONED AREA
27.
The development shall be in general conformance with the building elevations
date stamped February 4, 2022, as approved by the Planning and
Development Department.
28.
A minimum of 10 percent of the gross site area shall be retained as open
space, including washes, as approved by the Planning and Development
Department.
29.
There shall be a minimum of 5 amenities within the open space areas, such as
but not limited to benches, picnic tables, ramadas, and/or playground
equipment, as approved by the Planning and Development Department.
30.
The developer shall provide secured bicycle parking per Section 1307 of the
City of Phoenix Zoning Ordinance. In addition, inverted U- and/or artistic
bicycle racks shall be provided for guests, with a minimum of 0.05 spaces per
unit, located near the clubhouse or distributed throughout the site and installed
per the requirements of Section 1307.H of the Zoning Ordinance, as approved
by the Planning and Development Department.
R-3A ZONED AREA
31.
The development shall be in general conformance with the building elevations
date stamped February 4, 2022, as approved by the Planning and
Development Department and as modified by the stipulations below.
32.
A minimum of 10 percent of the gross site area shall be retained as open
space, including washes, as approved by the Planning and Development
Department.
33.
There shall be a minimum of 5 amenities within the open space areas, such as
but not limited to benches, picnic tables, ramadas, and/or playground
equipment, as approved by the Planning and Development Department.
34.
The developer shall provide secured bicycle parking per Section 1307 of the
City of Phoenix Zoning Ordinance. In addition, inverted U- and/or artistic
bicycle racks shall be provided for guests, with a minimum of 0.05 spaces per
unit, located near the clubhouse or distributed throughout the site and installed
per the requirements of Section 1307.H of the Zoning Ordinance, as approved
by the Planning and Development Department.
35.
The development shall be limited to a maximum building height of two stories,
as approved by the Planning and Development Department.
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 July, 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 (3 Pages)
B – Ordinance Location Map (1 Page)
EXHIBIT A
LEGAL DESCRIPTION FOR Z-6-22-2
R1-10 PORTION
A portion of land being situated within Sections 2 and 11, Township 4 North, Range
3 East of the Gila and Salt River Meridian, Maricopa County, Arizona, being more
particularly described as follows:
BEGINNING at a found Brass Cap flush with sectional markings accepted as the
Southwest corner of said Section 2, from which a found pk nail with tag RLS 24513,
accepted as the West Quarter corner of said Section 11 thereof bears
South 00°08’39” West, 2633.00 feet;
Thence North 00°13'20" East, 2671.37 feet along the west line of the Southwest
quarter of said Section 2 to the West quarter corner thereof;
Thence North 00°15'45" East, 332.46 feet, along the West line of the Northwest
Quarter of said Section 2;
Thence leaving said West line, North 89°59'19" East, 1321.50 feet;
Thence South 00°20'29" West, 333.43 feet to the East-West Mid-Section line of
said Section 2;
Thence along said East-West Mid-Section line, South 89°58'10" East, 1321.02 to
the center of said Section 2;
Thence continuing along said East-West Mid-Section line, South 89°58'10" East,
2227.84 feet;
Thence leaving said East-West Mid-Section Line, South 27°34'34" West, 1215.06
feet;
Thence South 62°24'20" East, 892.49 feet to the centerline of Cave Creek Road;
Thence along said centerline, South 27°32'28" West, 1349.60 feet to the South
line of the Southeast quarter of said Section 2, being the Northeast corner of Desert
Peak Unit 4, as recorded in Book 856 of Plats, Page 34, Records of Maricopa
County, Arizona;
Thence along said North line, North 89°45'55" West, 984.72 feet to the Northwest
corner of said Desert Peak Unit 4;
Thence along the West line of said Desert Peak Unit 4, South 56°53'47" West,
2315.89 feet, to the Southwest corner of said Desert Peak Unit 4 and the Northwest
corner of Desert Peak Unit 3, as recorded in Book 849 of Plats, Page 12,
Records of Maricopa County, Arizona;
Thence along the West line of said Desert Peak Unit 3 and the West line of
Desert Peak Unit 2, as recorded in Book 836 of Plats, Page 39, Records of
Maricopa County, Arizona, South 56°53'50" West, 1416.19 feet to the North right
of way line of Desert Peak Parkway;
Thence along said North right of way line, North 13°38'22" West, 17.64 feet to
the beginning of a tangent curve, concave Southwest, having a radius of 1483.00
feet;
Thence Northwesterly along said curve, through a central angle of 30°16'46", an
arc length of 783.73 feet to a non-tangent line, being the West line of the
Northwest quarter of said Section 11;
Thence along said West line, North 00°08'39" East, 1356.49 feet to the POINT
OF BEGINNING.
R-2 PORTION
A portion of land being situated within Sections 1 and 2, Township 4 North, Range 3
East of the Gila and Salt River Meridian, Maricopa County, Arizona, being more
particularly described as follows:
COMMENCING at a found Brass Cap flush with sectional markings accepted as the
Southwest corner of said Section 2, from which a found pk nail with tag RLS 24513,
accepted as the West Quarter corner of Section 11, Township 4 North, Range 3 East,
bears South 00°08’39” West, 2633.00 feet;
Thence North 00°13’20” East, 2232.60 feet along the West line of the Southwest quarter
of said Section 2;
Thence leaving said West line, South 89°46’40” East, 4634.46 feet to the POINT OF
BEGINNING;
Thence South 62°24'00" East, 890.05 feet;
Thence South 27°12'51" West, 351.89 feet;
Thence South 27°32'28" West, 350.75 feet;
Thence North 62°24'20" West, 892.49 feet;
Thence North 27°34'34" East, 702.71 feet to the POINT OF BEGINNING.
R-3A PORTION
A portion of land being situated within Sections 1 and 2, Township 4 North, Range 3
East of the Gila and Salt River Meridian, Maricopa County, Arizona, being more
particularly described as follows:
COMMENCING at a found Brass Cap flush with sectional markings accepted as the
Southwest corner of said Section 2, from which a found pk nail with tag RLS 24513,
accepted as the West Quarter corner of Section 11, Township 4 North, Range 3 East,
bears South 00°08’39” West, 2633.00 feet;
Thence North 00°13’20” East, 2232.60 feet along the West line of the Southwest quarter
of said Section 2;
Thence leaving said west line, South 89°46’40” East, 4634.46 feet to the POINT OF
BEGINNING;
Thence North 27°34'34" East, 512.34 feet to the east-west mid-section of said Section
2;
Thence along said mid-section line, South 89°58'10" East, 414.04 feet to the East
quarter corner of said Section 2;
Thence South 89°05'03" East, 578.35 feet along the East-West mid-section line of said
Section 1;
Thence leaving said mid-section line, South 27°12'51" West, 963.71 feet; Thence North
62°24'00" West, 890.05 feet to the POINT OF BEGINNING.