Attachment A - Draft Ordinance - Z-45-22-8.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-45-22-8) FROM S-1 (APPROVED C-2
HGT/WVR PCD) (RANCH OR FARM RESIDENCE DISTRICT,
APPROVED INTERMEDIATE COMMERCIAL, HEIGHT WAIVER,
PLANNED COMMUNITY DISTRICT) TO C-2 HGT/WVR
DNS/WVR (INTERMEDIATE COMMERCIAL, HEIGHT WAIVER,
DENSITY WAIVER).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 39.74-acre property located at the southeast
corner of 59th Avenue and Dobbins Road in a portion of Section 8, Township 1 South,
Range 2 East, as described more specifically in Exhibit “A,” is hereby changed from “S-
1 (Approved C-2 HGT/WVR PCD)” (Ranch or Farm Residence District, Approved
Intermediate Commercial, Height Waiver, Planned Community District) to “C-2
HGT/WVR DNS/WVR” (Intermediate Commercial, Height Waiver, Density 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 in general conformance with the site plan date
stamped August 8, 2022 and elevations date stamped July 8, 2022, as
modified by the following stipulations and approved by the Planning and
Development Department.
2.
Improvements for the Town Square, as identified on the site plan date stamped
August 8, 2022, shall be completed prior to the issuance of any certificate of
occupancy for the last phase of residential development (Lot 2 or Lot 3).
Improvements shall include all streets and parking around the Town Square, all
common landscape, walkway landscape furniture and common area features,
and a minimum of three amenities (which may include, but is not limited to
open seating, interactive water feature, and kids playground with shade
structure), but excluding the two commercial buildings and their supporting
features such as leased outdoor dining areas and their hardscape and
landscape features, as approved by the Planning and Development
Department.
3.
The primary entryway to Dobbins Road shall include a minimum of 250 square
feet of enhanced landscaping, planted and maintained with a variety of at least
three plant materials including a series of annuals that will each maintain a
constant bloom throughout the year.
4.
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.
5.
The developer shall dedicate a 30-foot-wide multi-use trail easement (MUTE)
along the east side of 59th Avenue 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.
6.
The developer shall construct a minimum 5-foot-wide detached sidewalk and
minimum 11-foot-wide landscape area located between the back of curb and
sidewalk along the south side of Dobbins Road, as approved by the Planning
and Development Department.
a.
Minimum 3-inch caliper shade trees placed a minimum of 20 feet on
center or in equivalent groupings.
b.
Drought tolerant shrubs and vegetative groundcovers with a maximum
mature height of 24 inches to provide a minimum of 75% 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.
7.
The developer shall construct a minimum 5-foot-wide detached sidewalk along
the west side of 57th Avenue with a minimum 5-foot-wide landscaped 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 shade trees placed a minimum of 20 feet on
center or in equivalent groupings.
b.
Drought tolerant shrubs and vegetative groundcovers with a maximum
mature 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.
8.
The developer shall construct a minimum 5-foot-wide detached sidewalk along
the east side of 59th Avenue with a minimum 11-foot-wide landscaped 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 3-inch caliper shade trees placed a minimum of 20 feet on
center or in equivalent groupings.
b.
Drought tolerant shrubs and vegetative groundcovers with a maximum
mature height of 24 inches to provide a minimum of 75% 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.
9.
The developer shall dedicate a minimum of 55-feet of right-of-way and
construct the south side of Dobbins Road, as approved by the Planning and
Development Department.
10.
The developer shall dedicate a minimum of 30-feet of right-of-way and
construct the west side of 57th Avenue connecting at the 56th Glen alignment,
as approved by the Street Transportation Department.
11.
The developer shall dedicate a minimum of 55-feet of right-of-way and
construct the east side of 59th Avenue, as approved by the Planning and
Development Department.
12.
The developer shall submit a Traffic Impact Study to the City for this
development. No preliminary approval of plans shall be granted until the study
is approved. Signal warrant analysis shall be included for 59th Avenue and
Dobbins as part of the Study. The developer shall be required to provide a
minimum 25% contribution towards future traffic signal if not warranted for
construction by the TIA.
13.
Existing irrigation along Dobbins Road are to be undergrounded and relocated
outside City of Phoenix right-of-way. Contact SRP to identify existing land
rights and establish appropriate process to relocate facility. Relocations that
require additional dedications or land transfer require completion prior to
obtaining plat and/or civil plan review approval.
14.
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.
The right-of-way shall be dedicated, and a bus stop pad (City of Phoenix
Standard Details P1258 and P1260) constructed along eastbound Dobbins
Road, as approved by the Planning and Development Department.
16.
The right-of-way shall be dedicated, and a bus stop pad (City of Phoenix
Standard Details P1258 and P1260) constructed along northbound 59th
Avenue, as approved by the Planning and Development Department.
17.
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.
18.
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.
LOT 1 (TOWN CENTER AND RETAIL PLAZA)
19.
The maximum building height shall be 30 feet.
20.
A minimum of 28% of the gross area of Lot 1 shall be retained as open space,
as approved by the Planning and Development Department.
21.
All uncovered surface parking lot areas for employees and customers 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 minimum 25% shade at maturity, as approved by the Planning and
Development Department.
22.
A minimum of 14 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.
23.
Any future Planning Hearing Officer applications for Lot 1, as depicted on the
site plan date stamped August 8, 2022, shall go to the Village Planning
Committee for recommendation, and include enhanced notification to require
notification of all property owners within 600 feet of the subject site and all
neighborhood organizations registered with the City within one mile of the
subject site.
LOT 2 (MULTIFAMILY APARTMENTS)
24.
The development shall adhere to the R-3A zoning district standards, as
modified by the following stipulations, and approved by the Planning and
Development Department.
25.
Lot 2 shall be limited to a maximum of 214 units.
26.
A minimum of 10% of the gross area of Lot 2 shall be retained as open space,
as approved by the Planning and Development Department.
27.
A minimum of 10 bicycle parking spaces shall be provided through Inverted U
and/or artistic racks located near building entrances, amenities, and/or open
space 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.
LOT 3 (HORIZONTAL MULTIFAMILY)
28.
The development shall adhere to the R-3 zoning district standards, as modified
by the following stipulations, and approved by the Planning and Development
Department.
29.
Lot 3 shall be limited to a maximum of 181 units.
30.
A minimum of 11% of the gross area of Lot 3 shall be retained as open space,
as approved by the Planning and Development Department.
31.
A minimum of 10 bicycle parking spaces shall be provided through Inverted U
and/or artistic racks located near building entrances, amenities, and/or open
space 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.
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
THE NORTHWEST QUARTER (NW1/4) OF THE NORTHWEST QUARTER (NW1/4)
OF SECTION 8, TOWNSHIP 1 SOUTH, RANGE 2 EAST OF THE GILA AND SALT
RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 8, FROM WHICH
THE NORTH QUARTER OF SAID SECTION 8 BEARS NORTH 89 DEGREES 59
MINUTES 34 SECONDS EAST, A DISTANCE OF 2,633.43 FEET;
THENCE NORTH 89 DEGREES 59 MINUTES 34 SECONDS EAST, ALONG THE
NORTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1,316.72 FEET;
THENCE DEPARTING SAID NORTH LINE, SOUTH 00 DEGREES 27 MINUTES 30
SECONDS WEST, A DISTANCE OF 1,319.63 FEET;
THENCE SOUTH 89 DEGREES 58 MINUTES 21 SECONDS WEST, A DISTANCE OF
1,315.03 FEET TO THE WEST LINE OF SAID NORTHWEST QUARTER OF THE
NORTHWEST QUARTER;
THENCE NORTH 00 DEGREES 23 MINUTES 06 SECONDS EAST, A DISTANCE OF
1,320.08 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 1,736,708 SQUARE FEET OR 39.869 ACRES, MORE OR
LESS.