Attachment A - Draft Ordinance - Z-22-21-8.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 ORDINANCE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN
(CASE Z-22-21-8) FROM S-1 (RANCH OR FARM RESIDENCE
DISTRICT), S-1 (APPROVED C-1 PCD) (RANCH OR FARM
RESIDENCE DISTRICT, APPROVED NEIGHBORHOOD RETAIL
DISTRICT, PLANNED COMMUNITY DISTRICT), AND S-1
(APPROVED R1-8 PCD) (RANCH OR FARM RESIDENCE
DISTRICT, APPROVED SINGLE-FAMILY RESICENCE DISTRICT,
PLANNED COMMUNITY DISTRICT) TO R-3 (MULTIFAMILY
RESIDENCE DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 5.26 -acre site located approximately 375
feet east of the northeast corner of 59th Avenue and Elliot Road in a portion of Section
8, Township 1 South, Range 2 East, as described more specifically in Exhibit “A”, is
hereby changed from 0.67 acres of S-1 (Ranch or Farm Residence District), 0.62 acres
of S-1 (Approved C-1 PCD) (Ranch or Farm Residence District, Approved
Neighborhood Retail District, Planned Community District), and 3.97 acres of S-1
(Approved R1-8 PCD) (Ranch or Farm Residence District, Approved Single-Family
Residence District, Planned Community District) to 5.26 acres of R-3 (Multifamily
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 be in general conformance with the site plan and
elevations date stamped April 19, 2021, as modified by the following stipulations
and approved by the Planning and Development Department.
2.
The front elevations shall consist of a minimum 10 percent non-stucco accent
material.
3.
The maximum building height shall be 22 feet.
4.
All sidewalks adjacent to public rights-of-way shall be detached with a minimum
10-foot-wide continuous landscape area located between the sidewalk and back
of curb; and shall include 3-inch minimum caliper, large canopy single-trunk shade
trees, 25 feet on center or in equivalent groupings; and minimum five-gallon
shrubs with a maximum mature height of 2 feet providing 75 percent live cover, as
approved by the Planning and Development Department. Where utility conflicts
exist, the developer shall work with the Planning and Development Department on
alternative design solutions consistent with a pedestrian environment.
5.
A minimum 30-foot landscape setback shall be required adjacent to Elliott Road
and shall include large canopy shade trees 20 feet on center or in equivalent
groupings between the sidewalk and proposed site development as approved by
the Planning and Development Department. Twenty-five percent of the trees shall
be minimum four-inch caliper and 75 percent of the trees shall be minimum three-
inch caliper. Five, five-gallon shrubs per tree, and additional shrubs or live
groundcover, shall provide minimum 75 percent live cover at mature size as
approved by the Planning and Development Department. Where utility conflicts
exist, the developer shall work with the Planning and Development Department on
alternative design solutions consistent with a pedestrian environment.
6.
The developer shall provide a minimum of 25 percent open space, as approved
by the Planning and Development Department.
7.
Public and private open space areas shall provide a minimum 50 percent shade
and a minimum of 50 percent live vegetative cover (shrubs, grasses, or
groundcover plants).
8.
All uncovered surface parking lot areas shall be landscaped with a minimum 2-
inch caliper 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.
9.
A pedestrian connection shall be provided between the site and the C-1 portion to
the west of the site, as approved by the Planning and Development Department.
10.
Decorative rail or similar fencing elements shall be provided along Elliott Road, as
approved by the Planning and Development Department.
11.
The developer shall dedicate a 30-foot wide multi-use trail easement (MUTE)
along Elliott Road 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.
12.
The multi-use trail along Elliott Road shall be shaded to a minimum of 50 percent
using shade trees at full maturity, as approved by the Planning and Development
Department.
13.
A minimum of 10 bicycle parking spaces shall be provided through Inverted U
and/or artistic racks (in adherence to the City of Phoenix Preferred Designs in
Appendix K of the Comprehensive Bicycle Master Plan) or “Outdoor/Covered
Facilities” for guests located near entrances or amenity areas and installed per the
requirements of Section 1307.H. of the Phoenix Zoning Ordinance, as approved
by the Planning and Development Department.
14.
The developer shall provide for a 55-foot half street right-of-way dedication for the
east side of 59th Avenue from the northern project boundary, extending to Elliot
Road. This shall include 37-feet of paving for the east half of 59th Avenue, as
approved by the Planning and De elopement Department.
15.
The developer shall provide for a 55-foot half street right-of-way dedication on the
north side of Elliot Road from 59th Avenue to the existing residential development
to the east. This shall include 37 feet of paving for the north half of Elliot Road and
additional improvements, as approved by the Planning and Development
Department.
16.
The developer shall dedicate and provide all right-of-way improvements during the
first phase of the project.
17.
The developer shall provide conduit and junction boxes at the northeast corner of
59th Avenue and Elliot Road for future traffic signal equipment. The plan is to be
submitted to the Street Transportation Department for review and approval.
18.
The applicant shall submit a TIA with an associated Signal Warrant Analysis for
the intersection of 59th Avenue and Elliott Road. Development will be responsible
for the installation of the traffic signal or an in-lieu contribution as defined within
the approved traffic warrant analysis. No preliminary approval of plans shall be
granted until the study is reviewed and approved by the Street Transportation
Department.
19.
Existing irrigation facilities along 59th Avenue and Elliot Road are to be
undergrounded and/or relocated outside of City right-of-way. Contact SRP to
identify existing land rights and establish 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 underground existing overhead electrical utilities within the
public right-of-way that are impacted or need to be relocated as part of this
project. Developer shall coordinate review and permitting with the affected utility
companies.
21.
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 Planning and Development Department.
All improvements shall comply with the current ADA Guidelines.
22.
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.
23.
The developer shall provide a minimum of 24 guest parking spaces in close
proximity to the clubhouse amenity area.
24.
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 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 8th day of September,
2021.
________________________________
MAYOR
ATTEST:
_________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Cris Meyer, City Attorney
By:
_________________________
_________________________
REVIEWED BY:
_________________________
Ed Zuercher City Manager
Exhibits:
A – Legal Description (1 Page)
B – Ordinance Location Map (1 Page)
EXHIBIT A
LEGAL DESCRIPTION FOR Z-22-21-8
LOCATED IN THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 1 SOUTH,
RANGE 2 EAST, GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY,
ARIZONA. DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 8;
THENCE SOUTH 89°58'16" EAST, ALONG THE SOUTH LINE OF SAID SOUTHWEST
QUARTER, A DISTANCE OFC405.00 FEET;
THENCE DEPARTING SAID SOUTH LINE, NORTH 00°14'04"
EAST, A DISTANCE OF 253.01 FEET; THENCE SOUTH
89°58'16" EAST, A DISTANCE OF 904.93 FEET;
THENCE SOUTH 00°18'53" WEST, A DISTANCE OF 253.01 FEET TO SAID SOUTH
LINE;
THENCE NORTH 89°58'16" WEST, ALONG SAID SOUTH LINE, A
DISTANCE OF 904.58 FEET TO THE POINT OF BEGINNING.
CONTAINING 228,910.02 SQUARE FEET OR 5.26 ACRES, MORE OR LESS.