Attachment A - Draft Ordinance - Z-35-21-7.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-35-21-7) FROM C-2 H-R SP (APPROVED C-2
OR CP/GCP) (INTERMEDIATE COMMERCIAL, HIGH-RISE AND
HIGH-DENSITY DISTRICT, SPECIAL PERMIT, APPROVED
INTERMEDIATE COMMERCIAL OR COMMERCE PARK
DISTRICT, GENERAL COMMERCE PARK OPTION), C-2 OR
CP/GCP SP (APPROVED C-2 OR CP/GCP) (INTERMEDIATE
COMMERCIAL OR COMMERCE PARK DISTRICT, GENERAL
COMMERCE PARK OPTION, SPECIAL PERMIT, APPROVED
INTERMEDIATE COMMERCIAL OR COMMERCE PARK
DISTRICT, GENERAL COMMERCE PARK OPTION), C-2 H-R
(APPROVED C-2 OR CP/GCP) (INTERMEDIATE COMMERCIAL,
HIGH-RISE AND HIGH-DENSITY DISTRICT, APPROVED
INTERMEDIATE COMMERCIAL OR COMMERCE PARK
DISTRICT, GENERAL COMMERCE PARK OPTION) AND S-1
(APPROVED C-2 OR CP/GCP) (RANCH OR FARM RESIDENCE,
APPROVED INTERMEDIATE COMMERCIAL OR COMMERCE
PARK DISTRICT, GENERAL COMMERCE PARK OPTION) TO
PUD (PLANNED UNIT DEVELOPMENT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 66.10-acre site located at the northeast
corner of 63rd Avenue and Dobbins Road in a portion of Section 6, Township 1 South,
Range 2 East, as described more specifically in Exhibit “A,” is hereby changed from
“C-2 H-R SP (Approved C-2 or CP/GCP)” (Intermediate Commercial, High-Rise and
High-Density District, Special Permit, Approved Intermediate Commercial or Commerce
Park District, General Commerce Park Option), “C-2 or CP/GCP SP (Approved C-2 or
CP/GCP)” (Intermediate Commercial or Commerce Park District, General Commerce
Park Option, Special Permit, Approved Intermediate Commercial or Commerce Park
District, General Commerce Park Option), “C-2 H-R (Approved C-2 or CP/GCP)”
(Intermediate Commercial, High-Rise and High-Density District, Approved Intermediate
Commercial or Commerce Park District, General Commerce Park Option), and “S-1
(Approved C-2 or CP/GCP)” (Ranch or Farm Residence, Approved Intermediate
Commercial or Commerce Park District, General Commerce Park Option), 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 Crossing at Dobbins PUD reflecting
the changes approved through
h 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 Development Narrative dated
December 7, 2022 as modified by the following stipulations.
a.
Front Cover, add “City Council adopted: [Insert Adoption date]”
b.
Remove any reference to Urban Air Mobility or Vertiport.
c.
Page 34, Land Use Section: The following uses shall be added to the
prohibited land use section for Development Unit 2.
Adult Uses
Automobile Parts and Supplies, New Retail and Wholesale
Auto Seat Covers and Trim Shop
Boats, Retail Sales
Motorcycles, Repairing and Sales
Tire Repairing Equipment and Supplies
Tractors, Retail Sales, Display
Truck Stop/Travel Center
Self-Storage Service Warehouse
Automobile Service Station/ Gas Station
Car Wash
Garage Repair
Warehousing
Wholesaling, as a primary use
Distribution Facility, as a primary use
Outdoor Uses (Section 626.F.2z)
d.
All applicable sections that reference drive-thru restaurants, which
include but not limited to, land use and design guidelines, shall be
updated to reflect the maximum of two drive-thru restaurants.
e.
Page 17: A graphic shall be inserted within the Land Use Section
identifying the boundaries for Village Core North and Village Core South
in addition to language that states that Village Core North and Village
Core South will be approximately 10 acres in size.
f.
Appendices: Legal descriptions for Development Units 1 and 2 and
Village Core North and Village Core South shall be added to the PUD as
additional appendices. Acreages for Development Units 1 and 2 will be
consistent with the Conceptual Development Plan exhibit and acreages
for Village Core North and Village Core South will be approximately 10
acres each.
g.
Pages 45-46: Language referring to a Comprehensive Sign Plan found
on page 46 shall be moved under the text of 5K on page 45 and be
reworded as follows:
ON-PREMISE SIGNS WILL COMPLY WITH CHAPTER 7 OF THE
PHOENIX ZONING ORDINANCE AND A COMPREHENSIVE SIGN
PLAN MAY BE REQUIRED AS DETERMINED BY THE PLANNING
AND DEVELOPMENT DEPARTMENT.
h.
Page 45, Signs Section, Second Bullet Point: Modify the last sentence
in the paragraph to read as follows:
FINAL DESIGN OF OFF-PREMISE SIGNS TO BE REVIEWED AND
APPROVED BY THE LAVEEN VILLAGE PLANNING COMMITTEE.
i.
Modify the development narrative, where applicable, to reflect the
following:
All distribution, manufacturing, warehouse uses as a primary use, where
permitted, shall comply with the following standards and restrictions.
i.
There shall be a maximum of 1 dock door per 20,000 square feet
of industrial use to ensure distribution and wholesaling are not a
primary use.
ii.
Distribution uses are only allowed as an accessory use.
iii.
Wholesaling and distribution as primary uses shall be prohibited.
j.
The maximum permitted building height for office uses in Development
Unit 2 shall be 120 feet, following the same step back standards as
listed in the existing Development Standards table and height exhibit. All
other uses shall be restricted to a maximum building height of 56 feet.
All height exhibits and development standards shall be updated to
reflect this modification.
2.
Prior to Preliminary Site Plan approval, a Pedestrian Circulation Plan for
Development Unit 1 (Village Core) shall be provided. This plan shall
demonstrate how pedestrians will connect to 63rd Avenue, Dobbins Road,
required open space areas and Development Unit 2 through a network of
dedicated pedestrian paths and a minimum of one Pedestrian Paseo. The
Pedestrian Paseo shall provide continuous north to south connectivity from
Dobbins Road to Development Unit 2. The Pedestrian Circulation Plan will be
updated with each site plan amendment to demonstrate how pedestrian
connectivity will be accomplished as the Village Core parcel develops, as
approved by the Planning and Development Department and in compliance
with the following standards:
a.
The Pedestrian Paseo shall be a minimum of 20 feet in width. Of the
width, 10 feet shall remain completely free of any pedestrian
impediments, including benches. The remaining 10 feet may be used for
pedestrian friendly amenities or features, such as benches, tables and
courtyards, etc.
b.
A minimum of 10 feet of the Pedestrian Paseo shall be comprised of
enhanced surfacing materials, such as stamped or colored concrete or
other pavement treatments, that visually contrast with the adjacent
parking and drive aisle surfaces shall be provided to delineate all areas
where paseos cross drive aisles.
c.
The Pedestrian Paseos shall be shaded at a minimum of 50% at
maturity.
3.
Prior to preliminary site plan approval of any and all development within
Development Unit 1 South, the developer shall demonstrate how the following
elements will be addressed as part of the subject submittal or as part of a
future submittal or phase of the project, as approved by the Planning and
Development Department.
a.
A standalone EV Charging Demonstration Project with a minimum of
eight Level 2 electric vehicle charging stations and two fast charging
stations.
b.
Construction of a minimum 10,000 square feet common open space
location with a splash pad.
4.
No permits for off-premise signs (billboards) will be issued until a certificate of
occupancy for a sit down restaurant with a minimum 2,500 square feet of
interior dining area and 1,000 square feet of outdoor dining area, and without a
drive-through, is issued, as approved by the Planning and Development
Department.
5.
Prior to obtaining a permit for an off-premise sign (billboard), the developer and
the City must agree to enter into an agreement wherein the developer will
make five annual $100,000 donations to the City of Phoenix Parks and
Recreation Department to construct, operate, or maintain a City park within the
Laveen Village area.
6.
The developer shall dedicate 55 feet of right-of-way and construct the north
side of Dobbins Road, per Cross Section Z-C Standards.
7.
The developer shall dedicate and construct 63rd Avenue consistent with the
approved Traffic impact Analysis.
8.
Right-of-way improvements must be complete along the entire rezoning
frontage during the first phase of development.
9.
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. Contact the Street Transportation
Department to set up a meeting to discuss the requirements of the study. The
TIS shall include signal warrant analysis of abutting and nearby intersections
effected as part of this development. The developer shall be responsible for
any additional dedications and cost of improvements as required by the
approved Traffic Impact Study.
10.
The developer shall be responsible for the installation of traffic signals and or
escrow funds as identified in the approved Traffic Impact Analysis.
11.
Existing irrigation facilities along any existing and or proposed right-of-way are
to be undergrounded and relocated outside of City right-of-way. Contact SRP
to identify existing land rights and establish the appropriate process to relocate
the facility. Relocations that require additional dedications or land transfer
require completion prior to obtaining plat and/or civil plan review approval.
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.
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.
14.
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.
15.
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.
16.
Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 Waiver of Claims forms. 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.
17.
All site plans, elevations and pedestrian circulation plans within Development
Unit 1 (Village Core North and South) shall be presented for review and
comment to the Laveen Village Planning Committee prior to Preliminary Site
Plan review.
18.
Level 1 electric vehicle (EV) charging stations shall be provided for all
multifamily residential developments at a rate of 1 EV charging station per 500
square feet of indoor amenity space or equal to 2% of the residential unit
count, whichever is greater, 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 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 (2 Pages)
B – Ordinance Location Map (1 Page)
EXHIBIT A
That portion of the Northeast quarter of Section 6, Township 1 South, Range 2 East of
the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as
follows:
BEGINNING at the intersection of the of the East -West mid-section line of Section 6
and the West line of the Arizona Department Of Transportation (hereinafter referred to
as ADOT) “SOUTH MOUNTAIN FREEWAY” right of way, as shown on the plans
entitled “RIGHT OF WAY PLANS OF THE SOUTH MOUNTAIN FREEWAY 51ST AVE
– SALT RIVER SEGMENT 202L MA 000 H5439 / SOSL MA 056 H8827 202-D(200)S”
by Stanley Consultants Inc. dated November 4, 2020, from which bears a found 1-1/2”
brass cap on 1/2” iron bar stamped “6562” 1.0’ down, marking the locally accepted
center of said Section 6, South 89°53'12" West (Record, Basis of Bearings) North
89°52'58" East (Measured), 1452.09 feet, and from which bears a found 2-1/2” brass
cap in pavement down 0.3’ marking the East quarter corner of said Section 6, North
89°52'58" East, 1184.51 feet;
Thence North 89°53'12" West along said East-West mid-section line, a distance of
25.81 feet;
Thence South 14°15'27" West along a line 25.00 feet East and parallel with said West
right of way line of “SOUTH MOUNTAIN FREEWAY”, a distance of 36.78 feet;
Thence continuing along said parallel line, South 06°51'06" West, a distance of 361.62
feet;
Thence continuing along said parallel line, South 09°45'16" West, a distance of 294.62
feet;
Thence continuing along said parallel line, South 89°08'18" West, a distance of 44.10
feet;
Thence continuing along said parallel line, South 21°40'01" West, a distance of
1,265.58 feet;
Thence continuing along said parallel line, South 09°48'19" West, a distance of 412.79
feet;
Thence continuing along said parallel line, South 35°06'00" West, a distance of 457.63
feet to a point on the South line of said Southeast quarter of Section 6 and the
monument line of Dobbins Road;
Thence South 89°51'37" West, along said South line of the Southeast quarter of Section
6 and the monument line of Dobbins Road, a distance of 549.58 feet to a found MCDOT
brass cap in hand hole marking the South quarter corner of said Section 6;
Thence North 00°24'12" East, along the North-South mid-section line, a distance of
2,641.45 feet to said found 1-1/2” brass cap on 1/2” iron bar stamped “6562” 1.0’ down,
marking the locally accepted center of said Section 6;
Thence North 89°53'02" East along said East -West mid-section line, a distance of
1,477.90 feet to the POINT OF BEGINNING.
Containing 2,879,311 square feet, or 66.100 acres of land, more or less.