Attachment A - Draft Ordinance - PHO-1-21--Z-9-08-7.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 STIPULATIONS APPLICABLE TO REZONING APPLICATION Z-9-08-7 PREVIOUSLY APPROVED BY ORDINANCE G-5173. ____________ BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as follows: SECTION 1. The zoning stipulations applicable located approximately 280 feet north of the northeast corner of 59th Avenue and Lower Buckeye Road in a portion of Section 17, Township 1 North, Range 2 East, as described more specifically in Attachment “A”, are hereby modified to read as set forth below. STIPULATIONS: SITE PLAN AND ELEVATIONS 1. That The development shall be in general conformance with the site plan DATE STAMPED AUGUST 5, 2021 and elevations date stamped MARCH 25, 2021 February 5, 2008, EXCEPT WHERE THERE MAY BE CONFLICTS WITH GENERAL ZONING ORDIANCE STANDARDS, AND as approved or modified by the FOLLOWING STIPULATIONS AND APPROVED BY THE PLANNING AND Development Services Department. with specific regard to the following: a. Landscape setback widths as shown on the site plan and the inclusion of a minimum 20-foot wide landscape setback surrounding Lot 2. A MINIMUM 30-FOOT LANDSCAPE SETBACK SHALL BE PROVIDED ADJACENT TO ANY PUBLIC STREET LOWER BUCKEYE ROAD. b. A mix of 2, 3, and 4-inch caliper, drought tolerant trees within the landscape setback/retention areas visible from arterial streets. 2. That A 10-foot public multi-use trail shall be constructed within a 30-foot easement per the trail detail in accordance with the MAG supplemental detail along West Lower Buckeye Road, as approved by the Parks and Recreation Department. 3. THE DEVELOPER SHALL PROVIDE A SHARED-USE PATH AND EASEMENT ALONG THE EAST SIDE OF 59TH AVENUE IN ACCORDANCE WITH THE CITY OF PHOENIX STANDARD TRAIL DETAILS AND AS APPROVED OR MODIFIED BY THE PARKS AND RECREATION DEPARTMENT. 4. 3. That The perimeter wall visible from the arterial street shall include material and textural differences, such as stucco and/or split face block with a decorative element, such as tile, glass insets, or stamped designs, as approved by the PLANNING AND Development Services Department. 5. THE DEVELOPMENT SHALL CONFORM TO THE ESTRELLA VILLAGE ARTERIAL STREET LANDSCAPING PROGRAM, AS APPROVED BY THE PLANNING AND DEVELOPMENT DEPARTMENT. ARCHAEOLOGY 6. 4. That The applicant shall conduct archaeological testing and/or monitoring within the entire project area prior to clearing and grubbing, landscape salvage, and/or grading, as approved or modified by the City Archaeologist. 7. 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. 8. 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. 9. 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. STREETS 10. 5. That Right-of-way totaling 55 feet shall be dedicated for the north half of Lower Buckeye Road as approved by the PLANNING AND Development Services Department. 11. 6. That Right-of-way totaling 55 feet shall be dedicated for the east half of 59th Avenue, as approved by the PLANNING AND Development Services Department. 12. 7. That The developer shall construct all streets within and adjacent to the development with paving, curb, gutter, sidewalk, curb ramps, streetlights, landscaping and other incidentals, as per plans approved by the City. All improvements shall comply with all ADA accessibility standards. 13. 8. That The applicant shall complete and submit the Developer Project Information Form for the MAG Transportation Improvement Program to the Street Transportation Department. This form is a requirement of the EPA to meet clean air quality requirements. SECTION 2. Due to the site’s specific physical conditions and the use district granted pursuant to Ordinance G-5173, this portion of the rezoning is now subject to the stipulations approved pursuant to Ordinance G-5173 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 8th day of September, 2021. ________________________________ MAYOR ATTEST: ____________________________City Clerk APPROVED AS TO FORM: ____________________________City Attorney REVIEWED BY: ____________________________City Manager Exhibits: A - Legal Description (1 Page) B - Ordinance Location Map (1 Page) EXHIBIT A LEGAL DESCRIPTION FOR PHO-1-21-- Z-9-08-7 A PORTION OF THE SOUTH 775 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 1 NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER MERIDIAN MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 17 THENCE NORTH 00 DEGREES 04 MINUTES 18 SECONDS WEST, A DISTANCE OF 281.40 FEET, THENCE SOUTH 88 DEGREES 41 MINUTES 32 SECONDS EAST A DISTANCE OF 33.01 FEET TO THE TRUE POINT OF BEGINNING, THENCE NORTH 00 DEGREES 04 MINUTES 18 SECONDS WEST A DISTANCE OF 453.89 FEET, THENCE SOUTH 88 DEGREES 41 MINUTES 32 SECONDS EAST A DISTANCE OF 80.02 FEET, THENCE NORTH 00 DEGREES 04 MINUTES 18 SECONDS WEST A DISTANCE OF 40.01 FEET, THENCE SOUTH 88 DEGREES 41 MINUTES 32 SECONDS EAST, A DISTANCE OF 768.83 FEET, THENCE SOUTH 00 DEGREES 03 MINUTES 42 SECONDS WEST, A DISTANCE OF 640.22 FEET, THENCE NORTH 88 DEGREES 41 MINUTES 32 SECONDS WEST A DISTANCE OF 40.01 FEET THENCE SOUTH 00 DEGREES 03 MINUTES 42 SECONDS WEST, A DISTANCE OF 102.03 FEET, THENCE NORTH 88 DEGREES 41 MINUTES 32 SECONDS WEST, A DISTANCE OF 577.11 FEET, THENCE NORTH 00 DEGREES 04 MINUTES 18 SECONDS WEST, A DISTANCE OF 248.39 FEET, THENCE NORTH 88 DEGREES 41 MINUTES 32 SECONDS WEST A DISTANCE OF 230.00 FEET TO THE TRUE POINT OF BEGINNING.