Attachment A - Draft Ordinance - Z-28-22-8.pdf

City of Phoenix — Formal (2022-10-12)

Extracted text (via pymupdf) 13146 characters

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-28-22-8) FROM S-1 (RANCH OR FARM
RESIDENCE DISTRICT) TO R1-8 (SINGLE-FAMILY RESIDENCE
DISTRICT)
____________

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 12.85-acre site located at the northwest
corner of 23rd Avenue and Baseline Road in a portion of Section 36, Township 1 North,
Range 2 East, as described more specifically in Exhibit “A,” is hereby changed from “S-
1” (Ranch or Farm Residence District) to “R1-8” (Single-Family Residence 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 not exceed a maximum of 55 lots.

2.
A minimum of 10% of the gross site area, exclusive of required landscape
setbacks, shall be provided as open space, as approved by the Planning and
Development Department.

3.
A minimum landscape setback of 20 feet shall be provided along 23rd and 24th
Avenues. The landscape setback may be reduced to 17 feet for up to 50% of
this frontage for the purpose of staggering setbacks for the perimeter theme
wall, as approved by the Planning and Development Department.

4.
A minimum landscape setback of 50 feet shall be provided along Baseline
Road. The landscape setback may be reduced to 47 feet for up to 50% of this
frontage for the purpose of staggering the perimeter theme wall and screening
utility boxes, as approved by the Planning and Development Department.

5.
All required landscape setbacks shall be planted with minimum 75-percent 2-
inch caliper and 25-percent 3-inch caliper large canopy drought-tolerant trees,
planted 25 feet on center or in equivalent groupings, with five 5-gallon shrubs
per tree, as approved by the Planning and Development Department.

6.
A minimum of one milkweed shrub, or other native nectar species, shall be
planted for every required tree in addition to the required shrubs, and shall be
planted in groups of three or more, as approved by the Planning and
Development Department.

7.
A minimum of 75 percent of the standard building elevations provided shall
include a covered front porch in the front yard with a minimum of 60 square
feet in area and a minimum depth of 6 feet. No porch shall terminate within the
plane of a door or window, as approved by the Planning and Development
Department.

8.
Fences and walls shall be in general conformance with the wall plan and wall
details (wall elevations) date stamped April 1, 2022, as modified by the
following stipulations, and approved by the Planning and Development
Department:

a.
Partial view fencing, which may include solid columns up to 24 inches in
width, shall be utilized where walls are proposed around open space
areas, the partial view fencing shall be a maximum 3-foot solid wall and
3-foot view fencing.

b.
Perimeter walls bounding the rear or side yard property lines of
residential lots along 23rd Avenue, 24th Avenue, and Baseline Road
shall include minimum three-foot offsets, and material and textural
differences, such as stucco, and/or split face or slump block or a
decorative element, such as tile or stamped designs, as approved by the
Planning and Development Department.

c.
The wall layout depicted in the wall details (wall elevations) plan shall be
modified where necessary to accommodate site layout changes that
avoid conflicts with the Zoning Ordinance or City Code requirements.

9.
Project entry/exit drives along 23rd and 24th Avenues shall incorporate
decorative pavers, stamped or colored concrete, or similar alternative material,
as approved by the Planning and Development Department.

10.
Project entry/exit drives along 23rd and 24th Avenues shall incorporate
enhanced landscaping on both sides planted with a variety of at least three
plant materials, as approved by the Planning and Development Department.
Each landscaped area shall be a minimum of 250-square feet.

11.
A tot lot with shade equipment shall be provided in the central/primary open
space amenity area, as approved by the Planning and Development
Department.

12.
The following shall be provided in each open space amenity area, as approved
by the Planning and Development Department: Modify

a.
One picnic area with a barbeque grill, shade ramada, and a picnic table;

b.
Two benches or seating features; and

c.
A minimum of 6 bicycle parking spaces shall be provided through
inverted U, and/or artistic racks. The racks shall be shaded by a tree or
structure and installed per the requirements of Section 1307.H. of the
Phoenix Zoning Ordinance. Artistic racks shall adhere to the City of
Phoenix Preferred Designs in Appendix K or the Comprehensive Bicycle
Master Plan, as approved by the Planning and Development
Department.

13.
All sidewalks along 23rd Avenue and 24th Avenue shall be a minimum of 5 feet
in width and detached with a minimum 5-foot wide landscape strip located
between the sidewalk and back of curb and planted to the following standards,
as approved by the Planning and Development Department.

a.
Minimum 2-inch caliper single-trunk large canopy drought-tolerant shade
trees planted to provide a minimum of 75% shade, at maturity.

b.
Drought tolerant vegetation to achieve 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 for installing the required plants.

14.
All sidewalks along Baseline Road shall be a minimum of 6 feet in width and
detached with a minimum 11-foot-wide landscape strip located between the
sidewalk and back of curb and planted to the following standards, as approved
by the Planning and Development Department.

a.
Minimum 75% 2-inch caliper single-trunk large canopy drought-tolerant
shade trees, and minimum 25% 3-inch caliper single-trunk large canopy
drought-tolerant shade trees.

b.
Drought tolerant vegetation to achieve 75% live coverage at maturity.

15.
All sidewalks within the development shall be detached with a minimum 5-foot
wide landscaped strip located between the sidewalk and back of curb and shall
include minimum 2-inch caliper single trunk shade trees planted at a rate of
one tree per lot.

a.
Where adjacent to open space areas, trees shall be planted a minimum
of 20 feet on center or in equivalent groupings.

b.
Drought tolerant vegetation to achieve 75% live coverage at maturity.

16.
The developer shall dedicate a multi-use trail easement (MUTE) along the
north side of Baseline Road and construct a minimum 10-foot-wide multi-use
trail (MUT) within the easement in accordance with the MAG supplemental
detail, as approved by the Planning and Development Department. The
developer shall work with the Site Planning section on an alternate design for
this requirement through the technical appeal process.

17.
The developer shall dedicate a minimum of 30 feet of right-of-way and
construct the west side of 23rd Avenue, as approved by the Planning and
Development Department.

18.
The developer shall dedicate 25 feet of right-of-way for the east side of 24th
Avenue, as approved by the Planning and Development Department.

19.
The existing irrigation facilities along 23rd Avenue 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.

20.
The developer shall connect to 23rd Drive, or dedicate a 50-foot radius cul-de-
sac and construct a 45-foot turning radius on site at the termination of 23rd
Drive, as modified and approved by the Planning and Development
Department.

21.
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.

22.
The property owner shall record documents that disclose the existence, and
operational characteristics of Phoenix Sky Harbor International Airport (PHX) to
future owners or tenants of the property. 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.
If determined necessary by the Phoenix Archaeology 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 Archaeologist prior to
clearing and grubbing, landscape salvage, and/or grading approval.

24.
If Phase I data testing is required, and if, upon review of the results from the
Phase I data testing, the City Archaeologist, in consultation with a qualified
archaeologist, determines such data recovery excavations are necessary, the
applicant shall conduct Phase II archaeological data recovery excavations

25.
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.

26.
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.

27.
Building elevations shall be presented for review and comment to the South
Mountain Village Planning Committee prior to final site plan approval.

28.
The developer shall work with the neighborhood and the Street Transportation
Department to pursue traffic mitigation on 23rd Avenue, prior to final site plan
approval, as modified and approved by the Street Transportation 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

PARCEL 1:

THE EAST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 1 NORTH, RANGE 2 EAST
OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY,
ARIZONA;

EXCEPT THE SOUTH 33 FEET THEREOF;

EXCEPT THAT PORTION AS SET FORTH IN FINAL ORDER OF CONDEMNATION
BY MARICOPA COUNTY RECORDED JULY 15, 2002 AS DOCUMENT NO. 2002-
716983; AND

EXCEPT THAT PORTION CONVEYED TO THE UNITED STATES OF AMERICA IN
DEED RECORDED IN BOOK 297 OF DEEDS, PAGE 84.

PARCEL 2:

THE NORTH ONE THIRD (1/3) OF THE FOLLOWING DESCRIBED PROPERTY:

THE WEST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 1 NORTH, RANGE 2 EAST
OF GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA;

EXCEPT THE SOUTH 239.50 FEET THEREOF.