Attachment A - Draft Ordinance - PHO-1-23--Z-SP-5-21-7.pdf
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Attachment A
Ordinance – PHO-1-23—Z-SP-5-21-7
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE
ORDINANCE G-
AN ORDINANCE AMENDING THE STIPULATIONS APPLICABLE TO
REZONING APPLICATION Z-SP-5-21-7 PREVIOUSLY APPROVED BY
ORDINANCE G-6935.
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning stipulations applicable located approximately
100 feet west of the northwest corner of 59th Avenue and Lower Buckeye Road in a
portion of Section 18, Township 1 North, Range 2 East, as described more
specifically in Attachment “A”, are hereby modified to read as set forth below.
STIPULATIONS:
1.
The self-service storage warehouse portion of the development shall be in
general conformance with the building elevations date stamped SEPTEMBER
8, 2023 November 16, 2021, as modified by the following stipulations and
approved by the Planning and Development Department. Other building
elevations shall be developed with a common architectural theme 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 to provide a
decorative and aesthetic treatment.
b.
All building elevations shall contain architectural embellishments and
detailing such as textural changes, pilasters, offsets, recesses, variation in
window size and location, and/or overhang canopies.
c.
A minimum of two building materials listed in the Estrella Village Core Plan
shall be utilized in all building elevations.
2.
The development shall conform with the Estrella Village Arterial Street
Landscaping Program landscape palette and landscaping standards along
arterial streets in the Estrella Village, except as noted herein, as approved by
the Planning and Development Department.
3.
Project entry drives along Lower Buckeye Road shall incorporate enhanced
landscaping on both sides planted with a variety of at least three plant
materials. Each landscaped area shall be a minimum of 125-square feet, as
approved by the Planning and Development Department.
4.
Project entry drives along Lower Buckeye Road shall be constructed of
decorative pavers, stamped, or colored concrete, or similar alternative material,
as approved by the Planning and Development Department.
5.
Where perimeter walls are adjacent to the Loop 202 freeway drainage channel,
these shall be limited to open view wrought iron fencing or similar material, or a
combination of 4-feet solid masonry topped by wrought iron open view fencing
or similar material, unless required otherwise by the Zoning Ordinance, as
approved by the Planning and Development Department.
5.
6.
All uncovered surface parking lot areas shall be landscaped with minimum 2-
inch caliper size large canopy 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.
6.
7.
The following pedestrian shade standards shall be met as described below and
as approved or modified by the Planning and Development Department:
a. Pedestrian walkways connecting the commercial buildings to adjacent
public sidewalks shall be shaded to a minimum of 75 percent using large
canopy drought tolerant shade trees at maturity and/or architectural shade.
b. The bus stop along Lower Buckeye Road shall be shaded to a minimum of
50 percent.
7.
8.
A system of pedestrian thoroughfares shall be provided as described below and
as approved or modified by the Planning and Development Department:
a. Connections to/between via the most direct route:
(1) All building entrances.
(2) Adjacent public sidewalks.
(3) The bus stop along Lower Buckeye Road.
b. Where pedestrian walkways cross a vehicu!ar path, the pathway shall be
constructed of decorative pavers, stamped or colored concrete, or other
pavement treatments that visually contrasts with parking and drive aisle
surfaces. Vehicular crossings shall be kept to a minimum.
8.
9.
The development shall incorporate bicycle infrastructure, as described below
and as approved by the Planning and Development Department.
a. A minimum of four bicycle parking spaces shall be provided through
Inverted U and/or artistic racks located near the building entrance of each
enclosed commercial 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.
b. One bicycle repair station ("fix it station") shall be provided and maintained
within close proximity to Lower Buckeye Road or the C Store building as
depicted in the site plan date stamped SEPTEMBER 8, 2023 July 12,
2021. 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.
9.
10.
The developer shall dedicate a 30-foot wide multi-use trail easement (MUTE)
along the north side of Lower Buckeye Road and construct a minimum 10-foot
wide multi-use trail (MUT) within the easement, in accordance with the MAG
supplemental detail indicated in Section 429 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 alternate design
through the technical appeal process.
10
11.
The developer shall dedicate right-of-way and construct one bus stop pad along
westbound Lower Buckeye Road west of 59th Avenue. The bus stop pad shall
be constructed according to City of Phoenix Standard Detail P1260 with a
minimum depth of 10 feet. The bus stop pad shall be spaced from the
intersection according to City of Phoenix Standard Detail P1258.
11
12.
All sidewalks along Lower Buckeye Road shall be ATTACHED AND A
MINIMUM OF 5 FEET IN WIDTH detached with a landscape strip located
between the sidewalk and back of curb following the most recent Cross Section
of the Street Classification Map and planted to the following standards, as
approved by the Arizona Department of Transportation (ADOT) and/or the
Planning and Development Department.
a. Minimum 2-inch caliper single-trunk large canopy drought-tolerant shade
trees to provide a minimum.7.5 percent shade.
b. Drought tolerant vegetation maintained at a maximum height of 24 inches
and achieve 75 percent live coverage.
c.
The landscape palette and planting standards, unless otherwise provided
herein, shall conform with the Estrella Village Arterial Street Landscaping
Program requirements for arterial streets.
Where utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions consistent with a
pedestrian environment.
12
13.
All sidewalks along 59th Avenue shall be a minimum of 5 feet in width and
detached with a minimum 10-foot wide landscape area located between the
sidewalk and back of curb and planted to the following standards, as approved
by the Arizona Department of Transportation (ADOT) and/or the Planning and
Development Department.
a. Minimum 2-inch caliper single-trunk large canopy drought-tolerant shade
trees to provide a minimum 75 percent shade.
b. Drought tolerant vegetation maintained at a maximum height of 24 inches
and achieve 75 percent live coverage.
c.
The landscape palette and planting standards, unless otherwise provided
herein, shall conform with the Estrella Village Arterial Street Landscaping
Program requirements for arterial streets.
Where utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions consistent with a
pedestrian environment.
13
14.
All proposed driveways along Lower Buckeye Road shall require the approval
of the Arizona Department of Transportation (ADOT) and the Planning and
Development Department.
14
15.
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.
15
16.
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.
16
If Phase I data testing is required, and if, upon review of the results from Phase
17.
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.
17
18.
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.
18
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 2. Due to the site’s specific physical conditions and the use
district granted pursuant to Ordinance G-6935 this portion of the rezoning is now
subject to the stipulations approved pursuant to Ordinance G-6935 and as modified in
Section 1 of this Ordinance. Any violation of the stipulation is a violation of the City of
Phoenix Zoning Ordinance. Building permits shall not be issued for the subject site
until all the stipulations have been met.
SECTION 3. 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 13th day of
December, 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
LEGAL DESCRIPTION FOR PHO-1-23--Z-SP-5-21-7
THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER (E½SE¼) OF SECTION 18,
TOWNSHIP 1 NORTH, RANGE 2 EAST, GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY,
ARIZONA, LYING BETWEEN THE EXISTING WESTERLY RIGHT OF WAY LINE OF 59TH AVENUE
AND THE FOLLOWING DESCRIBED LINE:
LINE DESCRIPTION:
COMMENCING AT A 2005 3 INCH MARICOPA COUNTY BRASS CAP IN HANDHOLE "LS 31610"
MARKING THE SOUTHEAST CORNER OF SAID SECTION 18, BEING SOUTH 00°04'18" EAST
2637.50 FEET FROM A 2 INCH 2005 MARICOPA COUNTY ALUMINUM CAP IN HANDHOLE "LS
31610" MARKING THE EAST QUARTER CORNER OF SAID SECTION 18;
THENCE ALONG THE EAST LINE OF SAID SECTION 18, NORTH 00°04'18" WEST 33.81 FEET TO
THE POINT OF BEGINNING;
THENCE SOUTH 89°55'42" WEST 33.00 FEET TO THE JUNCTURE OF THE EXISTING NORTHERLY
RIGHT OF WAY LINE OF LOWER BUCKEYE ROAD WITH THE EXISTING WESTERLY RIGHT OF
WAY LINE OF 59TH AVENUE;
THENCE ALONG SAID EXISTING NORTHERLY RIGHT OF WAY LINE OF LOWER BUCKEYE ROAD
NORTH 88°40'28" WEST 100.03 FEET;
THENCE CONTINUING ALONG SAID EXISTING NORTHERLY RIGHT OF WAY LINE NORTH
00°04'18" WEST 33.51 FEET;
THENCE CONTINUING ALONG SAID EXISTING NORTHERLY RIGHT OF WAY LINE NORTH
88°40'28" WEST 103.90 FEET;
THENCE CONTINUING ALONG SAID EXISTING NORTHERLY RIGHT OF WAY LINE NORTH
76°00'25" WEST 118.56 FEET;
THENCE CONTINUING ALONG SAID EXISTING NORTHERLY RIGHT OF WAY LINE NORTH
88°40'28" WEST 169.49 FEET TO THE EXISTING EASTERLY RIGHT OF WAY LINE OF STATE
ROUTE 202L (SOUTH MOUNTAIN FREEWAY);
THENCE ALONG SAID EXISTING EASTERLY RIGHT OF WAY LINE OF STATE ROUTE 202L NORTH
16°00'43" EAST 399.68 FEET;
THENCE CONTINUING ALONG SAID EXISTING EASTERLY RIGHT OF WAY LINE NORTH
17°01'23" EAST 500.10 FEET;
THENCE CONTINUING ALONG SAID EXISTING EASTERLY RIGHT OF WAY LINE NORTH
17°16'47" EAST 399.69 FEET;
THENCE CONTINUING ALONG SAID EXISTING EASTERLY RIGHT OF WAY LINE NORTH
17°44'31" EAST 292.19 FEET TO THE EXISTING WESTERLY RIGHT OF WAY LINE OF SAID 59TH
AVENUE;
THENCE NORTH 89°55'42" EAST 55.00 FEET TO THE POINT OF ENDING ON SAID EAST LINE
OF SECTION 18, BEING SOUTH 00°04'18" EAST 1010.54 FEET FROM SAID EAST QUARTER
CORNER OF SECTION 18.
EXCEPTING THEREFROM THE SOUTH 83.00 FEET OF THE EAST 83.00 FEET OF THE SOUTHEAST
QUARTER (SE¼) OF SAID SECTION 18;
ALSO EXCEPTING THEREFROM THAT PORTION OF THE SOUTHEAST QUARTER (SE¼) OF SAID
SECTION 18 DESCRIBED AS FOLLOWS:
COMMENCING AT A 2005 3 INCH MARICOPA COUNTY BRASS CAP IN HANDHOLE STAMPED
"LS 31610" MARKING THE SOUTHEAST CORNER OF SAID SECTION 18, FROM WHICH A 3
INCH CITY OF PHOENIX BRASS CAP IN HANDHOLE MARKING THE SOUTH QUARTER CORNER
OF SAID SECTION 18 BEARS NORTH 88°40'28" WEST 2693.67 FEET;
THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 18,
NORTH 88°40'28" WEST 83.02 FEET;
THENCE NORTH 00°04'18" WEST 33.01 FEET TO THE POINT OF BEGINNING ON THE NORTH
LINE OF THE SOUTH 33 FEET OF THE SOUTHEAST QUARTER OF SAID SECTION 18;
THENCE ALONG SAID NORTH LINE OF THE SOUTH 33 FEET NORTH 88°40'28" WEST 50.01
FEET;
THENCE NORTH 00°04'18" WEST 150.04 FEET;
THENCE SOUTH 88°40'28" EAST 100.03 FEET;
THENCE SOUTH 00°04'18" EAST 100.03 FEET TO THE NORTH LINE OF THE SOUTH 83 FEET OF
SAID SOUTHEAST QUARTER;
THENCE ALONG SAID NORTH LINE OF THE SOUTH 83 FEET, NORTH 88°40'28" WEST 50.01
FEET TO THE WEST LINE OF THE EAST 83 FEET OF SAID SOUTHEAST QUARTER;
THENCE ALONG SAID WEST LINE, SOUTH 00°04'18" EAST 50.01 FEET TO THE POINT OF
BEGINNING.
AND EXCEPT ALL MINERALS, COAL, CARBONS, HYDROCARBONS, OIL, GAS, CHEMICAL
ELEMENTS AND COMPOUNDS, WHETHER IN SOLID, LIQUID OR GASEOUS FORM, AND ALL
STEAM AND OTHER FORMS OF THERMAL ENERGY ON, IN OR UNDER SAID LAND AS
RESERVED IN DEED RECORDED IN 2001-1105056, OFFICIAL RECORDS.