Attachment A - Draft Ordinance - Z-51-20-2
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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-51-20-2) FROM S-1 (RANCH OR FARM RESIDENCE)
TO R-3A (MULTIFAMILY RESIDENCE DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 20.08-acre site located approximately 4,000
feet north of the northeast corner of Black Canyon Highway and Jomax Road in a
portion of Section 35, Township 5 North, Range 2 East, as described more specifically
in Exhibit “A”, is hereby changed from “S-1” (Ranch or Farm Residence District) to “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:
1.
The maximum building height shall be 30 feet.
2.
The development shall be limited to a maximum of 285 units.
3.
All elevations of the buildings shall contain architectural embellishments and
detailing such as textural changes, pilasters, offsets, recesses, variation in
window size and location, and/or overhang canopies, as approved by the
Planning and Development Department.
4.
A sidewalk and landscaping strip shall be provided along the Black Canyon
Freeway Frontage Road and shall be detached with a minimum five-foot-wide
landscape area located between the sidewalk and back of curb and planted to
the following standards, as approved by the Planning and Development
Department.
a.
Minimum 3-inch caliper large canopy, single-trunk, shade trees placed a
minimum of 25 feet on center or equivalent groupings to provide a
minimum of 75 percent shade on adjacent sidewalks.
b.
Drought tolerant shrubs and vegetative groundcovers.
5.
An enhanced landscaped entry shall be provided at the main entryway into the
development off of the frontage road with a minimum 300 square feet of
landscaped area on each side of the entrance. The landscaped areas shall be
planted and maintained with a variety of at least three different plant materials,
as approved by the Planning and Development Department.
6.
A minimum landscape setback of 20 feet shall be required along the west
property line and along the frontage road. These landscape setbacks shall
include minimum 3-inch caliper large canopy shade trees planted a minimum
of 20 feet on center or in equivalent groupings, as approved by the Planning
and Development Department
7.
A minimum landscape setback of 20 feet shall be required along the south
property line and shall include minimum 2-inch caliper trees planted a minimum
of 20 feet on center or in equivalent groupings, as approved by the Planning
and Development Department.
8.
There shall be a minimum of two private open space amenity areas. Each area
shall provide, at a minimum, two of the following active amenity elements or
other similar elements, as approved by the Planning and Development
Department:
a.
Swimming Pool
b.
Fire Pit
c.
Pavilion or Ramada
d.
Barbecue and Picnic Area
9.
Perimeter walls adjacent to the frontage road and private drive to the north
shall incorporate stone veneer, stonework, integral color CMU block or faux
stone, and be compatible with the existing wall on the property line to the north,
as approved by the Planning and Development Department.
10.
The developer shall submit a cross-access agreement prior to preliminary site
plan approval for APN 204-23-001A to support future cross-access of Oberlin
Way.
11.
All frontage improvements, access control and location of driveways shall be
permitted and approved through ADOT.
12.
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.
13.
The property owner shall record documents that disclose the existence, and
operational characteristics of Phoenix Deer Valley Airport (DVT) 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.
14.
The developer must file FAA Form 7460 and provide City FAA’s no hazard
determination prior to construction permit approval, as per plans approved by
the Planning and Development Department.
15.
The developer shall grant and record an avigation easement to the City of
Phoenix Aviation Department for the site, per the content and form prescribed
by the City Attorney prior to final site plan approval.
16.
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.
17.
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.
18.
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.
19.
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 21st day of April, 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-51-20-2
A portion of the Northeast quarter of Section 35, Township 5 North, Range 2 East of the
Gila and Salt River Base and Meridian, Maricopa County, Arizona being more
particularly described as follows;
COMMENCING at the North quarter of said Section 35; Thence North 89 Degrees 25
Minutes 16 Seconds East along the North line of said Northeast quarter a distance of
1492.67 feet to the TRUE POINT OF BEGINNING; Thence North 89 Degrees 25
Minutes 16 Seconds East a distance of 420.06 feet; Thence South 12 Degrees 09
Minutes 55 Seconds East a distance of 1108.05 feet; Thence South 80 Degrees 07
Minutes 08 Seconds West a distance of 693.21 feet; Thence South 89 Degrees 25
Minutes 09 Seconds West a distance of 255.53 feet; Thence North 09 Degrees 52
Minutes 39 Seconds West a distance of 641.80 feet; Thence North 89 Degrees 25
Minutes 16 Seconds East a distance of 370.70 feet; Thence North 00 Degrees 34
Minutes 40 Seconds West a distance of 200.00 feet; Thence North 89 Degrees 25
Minutes 16 Seconds East a distance of 30.00 feet; Thence North 00 Degrees 34
Minutes 40 Seconds West a distance of 364.17 feet to the POINT OF BEGINNING.
The above described parcel contains 19.224 acres (837390 sq. ft.), more or less