Attachment A - Draft Ordinance - Z-68-22-6.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 ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-68-22-6) FROM CP/GCP (COMMERCE PARK
DISTRICT, GENERAL COMMERCE PARK OPTION) TO C-2
HGT/WVR DNS/WVR (INTERMEDIATE COMMERCIAL, HEIGHT
WAIVER, DENSITY WAIVER).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 14.33 acre property located approximately
1,500 feet south of the southeast corner of 50th Street and Ray Road in a portion of
Section 29, Township 1 South, Range 4 East, as described more specifically in Exhibit
“A,” is hereby changed from “CP/GCP” (Commerce Park District, General Commerce
Park Option), to “C-2 HGT/WVR DNS/WVR” (Intermediate Commercial, Height Waiver,
Density Waiver).
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 development shall be in general conformance with the elevations date
stamped September 21, 2022, as modified by the following and as approved by
the Planning and Development Department.
a.
Building elevations adjacent and oriented to public streets shall contain a
minimum of 25% brick, masonry, stone, or another exterior accent
material that exhibits quality and durability.
b.
All ground floor units adjacent to 50th Street shall have individual
porches or patios oriented to the street.
2.
The development shall be limited to a maximum of 417 dwelling units.
3.
A minimum of six amenities shall be provided and distributed throughout the
site which may include but are not limited to pools, dog parks, barbeques,
ramadas, and tot lots with shade equipment as approved by the Planning and
Development Department.
4.
A minimum of 8% of the gross project area shall be retained as common open
space, as approved by the Planning and Development Department.
5.
A minimum 34,000-square foot open space area shall be centrally located
within the development.
6.
Prior to final site plan approval, the developer shall include with the building
plans submitted for Phoenix Building Construction Code compliance review
certification by a registered Professional Engineer or registered Professional
Architect in the State of Arizona demonstrating the average indoor noise levels
of the residential units shall not exceed a decibel day night-level (DNL) of 45
decibels, as approved by the Planning and Development Department.
7.
A perimeter wall no less than 6 feet in height shall be provided along the I-10
freeway. This wall shall include material and textural differences, such as
stucco and/or split face block with a decorative element, such as tile or
stamped design, as approved by the Planning and Development Department.
8.
All required landscape setbacks shall be planted with minimum 25% 2-inch
caliper and minimum 75% 3-inch caliper, drought tolerant trees, planted 20 feet
on center or in equivalent groupings, as approved by the Planning and
Development Department.
9.
A minimum of 10% of the required shrubs shall be a milkweed or other native
nectar species, and shall be planted in groups of three or more, as approved by
the Planning and Development Department.
10.
All uncovered surface parking spaces shall be landscaped with minimum 2-inch
caliper large canopy drought tolerant shade trees. Landscaping shall be
dispersed throughout the uncovered surface parking spaces, to achieve a
minimum 25% shade at maturity, as approved by Planning and Development
Department.
11.
Pedestrian pathways shall be provided to connect building entrances, public
sidewalks, and community amenities, using the most direct route for
pedestrians, as approved by the Planning and Development Department.
12.
Where pedestrian pathways cross a vehicular path, the pathway shall be
constructed of decorative pavers, stamped or colored concrete, or other
pavement treatments that visually contrast parking and drive aisle surfaces, as
approved by the Planning and Development Department.
13.
A minimum of 20 bicycle parking spaces shall be provided through Inverted U
and/or artistic racks located near open space areas and installed per the
requirements of Section 1307.H. of the Phoenix Zoning Ordinance, as
approved by the Planning and Development Department. Artistic racks shall
adhere to the City of Phoenix Preferred Designs in Appendix K of the
Comprehensive Bicycle Master Plan.
14.
The developer shall maintain the existing detached sidewalk landscape area
located between the back of curb and sidewalk along 50th Street and replenish
it to the following standards, as approved by the Planning and
Development Department.
a.
Drought tolerant shrubs and vegetative groundcovers maintained to a
maximum height of 24 inches to provide a minimum of 75% live
coverage at maturity.
Where utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions consistent with a
pedestrian environment.
15.
The developer shall submit a Traffic Impact Analysis for this development. The
TIA shall include a pedestrian crossing demand and circulation analysis along
50th Street. The developer shall be required to fund and construct pedestrian
crossing if required by the approved TIA. No preliminary approval of plans shall
be granted until the study has been reviewed and approved by the city.
16.
The developer shall provide secured bicycle parking for residents as required
by Chapter 13, Section 1307 H of the Zoning Ordinance, as approved by the
Planning and Development Department.
17.
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.
18.
This parcel is in a Special Flood Hazard Area (SFHA) called Zone A, on panel
2705M of the Flood Insurance Rate Maps (FIRM) dated June 26, 2020. The
following requirements shall apply, as approved by the Planning and
Development Department:
a.
The Architect/Engineer is required to show the floodplain boundary limits
on the Grading and Drainage plan and ensure that impacts to the
proposed facilities have been considered, following the National Flood
Insurance Program (NFIP) Regulations (44 CFR Paragraph 60.3). This
includes, but not limited to provisions in the latest versions of the
Floodplain Ordinance of the Phoenix City Code.
b.
A copy of the Grading and Drainage Plan needs to be submitted to the
Floodplain Management section of Street Transportation Department for
review and approval of Floodplain requirements.
c.
Elevation Certification (FEMA Form 086-0-33) based on construction
plans must be received and approved by Floodplain Management prior
to issuance of Grading & Drainage permit. In Zone A, a base flood
elevation determination letter (sample letter is provided by Floodplain
Management upon request) and exhibit will also be required prior to
issuance of Grading & Drainage permit.
d.
The developers shall provide a FEMA approved CLOMC or LOMC prior
to issuance of a Grading and Drainage permit. CLOMC or LOMC also
requires the following compliance with Section 7 & 9 of the Endangered
Species Act (ESA).
19.
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.
20.
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 1st day of March,
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
Lot 2 and Tract B of the Final Plat for FOOTHILLS OFFICE PARK, recorded in Book
450 of Maps, Page 24, records of Maricopa County, Arizona, within a portion of the
northwest quarter of Section 29, Township 1 South, Range 4 East, being more
particularly described as follows;
BEGINNING at the Northeast corner of said Lot 2;
Thence for a basis of bearing along the East line of said Lot 2, South 00 degrees 13
minutes 04 seconds East 369.59 feet to the Northeast corner of Tract C of said
FOOTHILLS OFFICE PARK;
Thence along the North line of said Tract C, South 89 degrees 36 minutes 45 seconds
West 148.62 feet to the Northeast corner of said Tract B;
Thence along the East line of said Tract B, South 00 degrees 23 minutes 15 seconds
East 200.00 feet to the Southeast corner of said Tract B;
Thence along the South lines of said Tract B and said Lot 2, South 89 degrees 36
minutes 45 seconds West 603.22 feet to a corner of said Lot 2, said point being on the
East line of Tract A of said FOOTHILLS OFFICE PARK;
Thence along said East line, North 00 degrees 00 minutes 00 seconds West 200.00 feet
to the Northeast corner of said Tract A;
Thence along the North line of said Tract A, South 89 degrees 36 minutes 45 seconds
West 435.35 feet to the Northwest corner of said Tract A;
Thence along the West line of said Lot 2, North 00 degrees 28 minutes 38 seconds
West 439.74 feet to the beginning of a tangent curve to the right, having a radius of
467.00 feet;
Thence continuing along the West line of said Lot 2, being said tangent curve through a
central angle of 15 degrees 46 minutes 14 seconds, an arc length of 128.54 feet to the
Northwest corner of said Lot 2;
Thence along the North line of said Lot 2, South 67 degrees 30 minutes 00 seconds
East 506.79 feet to a corner of said Lot 2;
Thence continuing along said North line, North 89 degrees 36 minutes 45 seconds East
703.35 feet to the POINT OF BEGINNING.
Comprising 13.953 acres or 607,794 square feet, subject to all easements of record.