Attachment A - Draft Ordinance - Z-50-21-6.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 ORDINANCE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN
(CASE Z-50-21-6) FROM C-2 (INTERMEDIATE COMMERCIAL)
TO C-2 DNS/WVR HGT/WVR (INTERMEDIATE COMMERCIAL,
DENSITY WAIVER, HEIGHT WAIVER).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 3.26-acre site located approximately 275 feet
east of the northeast corner of 51st Street and Elliot Road in a portion of Section 8,
Township 1 South, Range 4 East, as described more specifically in Exhibit “A”, is
hereby changed from “C-2” (Intermediate Commercial) to “C-2 DNS/WVR HGT/WVR”
(Intermediate Commercial, Density Waiver, Height 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 limited to a maximum of 110 dwelling units and
utilize the R-5 zoning district development standards.
2.
Additions to existing buildings or new buildings constructed on the site shall be
developed to the following standards, as approved by the Planning and
Development Department:
a.
Building elevations shall contain multiple colors, exterior accent
materials and textural changes that exhibit quality and durability such as
brick, stone, colored textured concrete or stucco, to provide a decorative
and aesthetic treatment, as approved by the Planning and Development
Department.
b.
All building elevations shall contain architectural embellishments and
detailing such as textural changes, pilasters, offsets, recesses, variation
in window size and location, pitched roofs and/or overhang canopies, as
approved by the Planning and Development Department.
3.
The required landscape setbacks shall be planted with minimum 2-inch caliper
large canopy drought-tolerant trees, 20 feet on center or in equivalent
groupings, and five 5-gallon shrubs per tree. Existing trees may be used to
meet this requirement, as approved by the Planning and Development
Department.
4.
The development shall include the following amenities and elements at a
minimum, distributed between the open space area(s) throughout the site, as
approved by the Planning and Development Department:
a.
Swimming pool.
b.
Clubhouse, community room or gym.
c.
One picnic area that includes one barbecue grill, shade ramada and a
picnic table.
d.
Two benches or seating features.
5.
A shade exhibit shall be submitted with the preliminary site plan submittal, with
shade calculations based on the summer solstice at 12:00pm (noon), as
approved by the Planning and Development Department.
6.
Pedestrian walkways, including the sidewalk along La Puente Avenue and 50th
Place, shall be shaded to a minimum of 75 percent using large canopy
drought-tolerant shade trees at maturity and/or architectural shade, as
approved or modified by the Planning and Development Department.
7.
All uncovered surface parking lot areas shall be landscaped with minimum 2-
inch caliper drought-tolerant shade trees. Landscaping shall be dispersed
throughout the parking area and achieve 25 percent shade at maturity, as
approved by Planning and Development Department.
8.
Where pedestrian pathways cross drive aisles, the pathway shall be
constructed of decorative pavers, stamped or colored concrete, or another
material, other than those used to pave parking surfaces and drive aisles, as
approved by the Planning and Development Department.
9.
Traffic calming measures shall be provided at all vehicular points of ingress
and/or egress to slow vehicles departing the development and crossing the
public sidewalks, as approved by the Planning and Development Department.
10.
The development shall incorporate bicycle infrastructure as described below
and as approved by the Planning and Development Department.
a.
“Secure/Covered Facilities” bicycle parking shall be provided at a rate of
0.25 spaces per dwelling unit, up to a maximum of 20 spaces, as
defined in Appendix K of the Comprehensive Bicycle Master Plan.
b.
A minimum of four bicycle parking spaces shall be provided through
Inverted U and/or artistic bicycle racks located near the building
entrance of each residential building 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.
c.
One bicycle repair station (“fix it station”) shall be provided and
maintained on the site within a central amenity area or along a
centralized pedestrian pathway. The bicycle repair station (“fix it station”)
shall be provided in an area of high visibility and separated from
vehicular maneuvering areas, where applicable. The repair station shall
include: standard repair tools affixed to the station; a tire gauge and
pump affixed to the base of the station or the ground; and a bicycle
repair stand which allows pedals and wheels to spin freely while making
adjustments to the bike.
11.
A sidewalk shall be constructed along La Puente Avenue and 50th Place
property lines, as approved by the Planning and Development Department.
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.
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 December,
2021.
________________________________
MAYOR
ATTEST:
_________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Cris Meyer, City Attorney
By:
_________________________
_________________________
REVIEWED BY:
____________________________
Jeffrey J. Barton, City Manager
Exhibits:
A – Legal Description (2 Pages)
B – Ordinance Location Map (1 Page)
EXHIBIT A
LEGAL DESCRIPTION FOR Z-50-21-6
5121 E. La Puente Ave Phoenix
APN#’s 301-41-338D & 301-41-338H
6.64 Acres
T1S R4E S8
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF
MARICOPA, STATE ARIZONA AND IS
DESCRIBED AS FOLLOWS:
THAT PORTION OF TRACT B, KOLL/ELLIOT, ACCORDING TO THE PLAT OF
RECORD IN THE OFFICE OF THE COUNTY, RECORDER OF MARICOPA COUNTY,
ARIZONA RECORDED AS BOOK 244 OF MAPS, PAGE 9, MORE PARTICULARLY
DISCRIBES AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE MONUMENT LINE OF ELLIOT
ROAD AND 51 ST STREET, THENCE NORTH 00 DEGREES 20 MINUTES 18
SECONDS WEST, ALONG THE MONUMENT LINE OF 51ST STREET, 425.00
FEET(RECORD), 424.71 FEET(MEASURED) TO THE BEGINNING OF A CURVE TO
THE RIGHT, WITH A CENTRAL ANGLE OF 06 DEGREES 20 MINUTES 45
SECONDS AND HAVING A RADIUS OF 500.00 FEET, THENCE ALONG SAID
CURVE TO THE RIGHT, 55.38 FEET TO THE END OF SAID CURVE;
THENCE SOUTH 83 DEGREES 58 MINUTES 13 SECONDS EAST(RECORED)
SOUTH 83 DEGREES 59 MINUTES 47 SECONDS EAST(MEASURED), 284.60 FEET
TO A POINT ON THE CENTERLINE OF A PREVIOUSLY DEDICATED ACCESS
ROAD AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE SOUTH 00 DEGREES 20 MINUTES 18 SECONDS EAST(RECORED)
SOUTH 00 DEGREES 23 MINUTES 50 SECONDS EAST(MEASURED), A
DISTANCEOF 198.00 FEET,THENCE NORTH 88 DEGREES 16 MINUTES 33
SECONDS EAST, A DISTANCE OF 144.64 FEET, THENCE NORTH 82 DEGREES 44
MINUTES 09 SECONDS EAST, A DISTANCE OF 288.64 FEET, THENCE NORTH 22
DEGREES 39 MINUTES 18 SECONDS EAST, A DISTANCE OF 281.08 FEET,
THENCE NORTH 72 DEGREES 5 7 MINUTES 59 SECONDS WEST(RECORD)
NORTH 72 DEGREES 58 MINUTES 19 SECONDS WEST(MEASURED), A DISTANCE
OF 401.91 FEET, TO A POINT ON THE CENTERLINE OF A PREVIOUSLY
DESCRIBED ACCESS ROAD EASEMENT;
THENCE ALONG A NON-TANGENT CURVE TO THE RIGHT, HAVING A CENTRAL
ANGLE OF 30 DEGREES 47 MINUTES 57 SECONDS AND A RADIUS OF 236.10
FEET, AND A CHORD OF 125.39 FEET BEARING SOUTH O1 DEGREES 54
MINUTES 16 SECONDS WEST,126.91 FEET TO THE END OF SAID CURVE;
THENCE SOUTH 17 DEGREES 20 MINUTES 2 7 SECONDS WEST, (RECORD)
SOUTH 17 DEGREES 20 MINUTES 29 SECONDS WEST(MEASURED) 30. 19
FEET(RECORD) 30.21 FEET(MEASURED) TO THE BEGINNING OF A CURVE TO
THE RIGHT, HAVING A CENTRAL ANGLE OF 78 DEGREES 41 MINUTES 12
SECONDS AND A RADIUS OF 100.00 FEET,
THENCE ALONG SAID CURVE TO THE RIGHT, 137.33 FEET TO THE END OF SAID
CURVE; THENCE NORTH 83 DEGREES 58 MINUTES 13 SECONDS WEST
(RECORD) NORTH 83 DEGREES 59MINUTES 47 SECONDS WEST(MEASURED), A
DISTANCE OF 37.23 FEET(RECORD) 37.36 FEET(MEASURED) TO THE TRUE
POINT OF BEGINNING.