Attachment A - Draft Ordinance - Z-33-22-2.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-33-22-2) FROM C-2 HGT/WVR NBCOD
(INTERMEDIATE COMMERCIAL, HEIGHT WAIVER, NORTH
BLACK CANYON OVERLAY DISTRICT) TO C-2 HGT/WVR
DNS/WVR NBCOD (INTERMEDIATE COMMERCIAL, HEIGHT
WAIVER, DENSITY WAIVER, NORTH BLACK CANYON
OVERLAY DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 15.86 acre property located at the southeast
corner of North Valley Parkway and Sonoran Desert Drive in a portion of Section 24,
Township 5 North, Range 2 East, as described more specifically in Exhibit “A,” is hereby
changed from “C-2 HGT/WVR NBCOD” (Intermediate Commercial, Height Waiver,
North Black Canyon Overlay District) to “C-2 HGT/WVR DNS/WVR NBCOD”
(Intermediate Commercial, Height Waiver, Density Waiver, North Black Canyon Overlay
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 development shall be in general conformance with the site plan and
elevations date stamped July 12, 2022, as modified by the following
stipulations and approved by the Planning and Development Department.
2.
The development shall utilize the R-5 Planned Residential Development option.
3.
The maximum density for the project shall not exceed 22 dwelling units per
acre.
4.
A minimum of four amenities shall be provided, such as a pool, ramadas, a
bicycle repair station, clubhouse, or similar element, as approved by the
Planning and Development Department.
5.
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.
6.
The developer shall construct a minimum 5-foot-wide shared use path (SUP)
within a sidewalk easement along the east side of North Valley Parkway, 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.
7.
The developer shall dedicate a 30-foot-wide multi-use trail easement (MUTE)
along the south side of Sonoran Desert Drive and construct a minimum 10-
foot-wide multi-use trail (MUT) within the easement in accordance with the
MAG supplemental detail 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.
8.
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% shade at maturity, as approved
by Planning and Development Department. Where utility conflicts arise, the
developer shall work with the Planning and Development Department on an
alternative design solution.
9.
The developer shall construct a minimum 5-foot-wide detached sidewalk along
the east side of North Valley Parkway with a minimum 11-foot-wide landscaped
strip located between the sidewalk and back of curb, planted to the following
standards, as approved by the Planning and Development Department:
a.
Minimum 2-inch caliper shade trees placed a minimum of 20 feet on
center or in equivalent groupings.
b.
Drought tolerant shrubs and vegetative groundcovers maintained to a
maximum height of 24 inches to provide a minimum of 50% live
coverage at maturity.
c.
Where utility conflicts arise, the developer shall work with the Planning
and Development Department on an alternative design solution
consistent with a pedestrian environment.
10.
The developer shall construct a minimum 5-foot-wide detached sidewalk along
the south side of Sonoran Desert Drive with a minimum 11-foot-wide
landscaped strip located between the sidewalk and back of curb, planted to the
following standards, as approved by the Planning and Development
Department:
a.
Minimum 2-inch caliper shade trees placed a minimum of 20 feet on
center or in equivalent groupings.
b.
Drought tolerant shrubs and vegetative groundcovers maintained to a
maximum height of 24 inches to provide a minimum of 50% live
coverage at maturity.
c.
Where utility conflicts arise, the developer shall work with the Planning
and Development Department on an alternative design solution
consistent with a pedestrian environment.
11.
Pedestrian pathways shall be provided to connect building entrances, public
sidewalks, bus stops, and community amenities, using the most direct route for
pedestrians, as approved by the Planning and Development Department.
12.
The developer shall provide direct pedestrian access (path and gate) from the
northwest corner of the site to the signalized intersection at Sonoran Desert
Drive and North Valley Parkway, as approved by the Planning and
Development Department.
13.
Sidewalk and pedestrian path crossings, constructed of decorative pavers,
stamped or colored concrete, or another material, other than those used to
pave the parking surfaces and drive aisles, shall be provided across drive
aisles, as approved by the Planning and Development Department.
14.
The developer shall dedicate a minimum of 70-feet of right-of-way and
construct the south side of Sonoran Desert Drive, as approved by the Planning
and Development Department.
15.
The developer shall dedicate a minimum of 70-feet of right-of-way and
construct the east side of North Valley Parkway, as approved by the Planning
and Development Department.
16.
The developer shall construct a minimum 24-foot-wide landscaped median
along Sonoran Desert Drive, as approved by the Street Transportation
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.
The developer shall provide secured bicycle parking per Section 1307 of the
City of Phoenix Zoning Ordinance. Additionally, a minimum of 17 bicycle
parking spaces shall be provided through Inverted U and/or artistic racks
located near building entrances 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.
19.
The right-of-way shall be dedicated, and a bus stop pad constructed along the
deceleration lane east of North Valley Parkway, as approved by the Planning
and Development Department.
20.
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.
21.
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.
22.
Prior to final site plan approval, the property owner shall record documents that
disclose to purchasers of the property the existence and operational
characteristics of active mining operations and the North Gateway Solid Waste
and Recycling Transfer Facility. 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.
23.
Prior to occupancy, signage must be provided within the development’s
sales/leasing office (or equivalent signage) that is visible to prospective renters
or purchasers which discloses the existence and operational characteristics of
active mining operations and the North Gateway Solid Waste and Recycling
Transfer Facility, 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 12th day of October,
2022.
________________________________
MAYOR
ATTEST:
_________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Cris Meyer, 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, a portion of North Valley Parkway and Sonoran Desert Drive as shown on the
final plat of LIV North Valley, recorded in Book 335, page 47, Maricopa County Records
(MCR), lying within the northwest quarter of Section 24, Township 5 North, Range 2
East, of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, more
particularly described as follows:
Beginning at the southwest corner of said Lot 2;
Thence leaving said southwest corner, North 90°00'00" West, 70.00 feet, to the
centerline of North Valley Parkway;
Thence along said centerline, North 00°21'15" West, 686.77 feet, to the centerline of
Sonoran Desert Drive;
Thence along said Sonoran Desert Drive centerline, North 89°55'50" East, 1100.25 feet;
Thence leaving said centerline, South 00°15'34" East, 70.00 feet to the northeast corner
of said Lot 2;
Thence along the easterly line of said Lot 2, South 00°15'34" East, 506.40 feet, to the
southerly line of said Lot 2;
Thence along said southerly line, South 71°47'50" West, 142.87 feet;
Thence South 89°57'14" West, 746.40 feet;
Thence South 52°40'01" West, 109.61 feet;
Thence North 90°00'00" West, 59.34 feet to the Point of Beginning.
Containing 691,063 Square Feet or 15.86 Acres more or less.
Subject to easements, restrictions and rights of way of record.