Attachment A - Draft Ordinance - Z-79-21-7.pdf
Extracted text (via pymupdf)
11237 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-79-21-7) FROM C-3 (GENERAL COMMERCIAL
DISTRICT) AND R-3 (MULTIFAMILY RESIDENCE DISTRICT) TO
A-1 (LIGHT INDUSTRIAL DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 19.88-acre property located at the southeast
corner of 27th Avenue and Buckeye Road in a portion of Section 13, Township 1 North,
Range 2 East, as described more specifically in Exhibit “A,” is hereby changed from
4.99 acres of “C-3” (General Commercial District) and 14.89 acres of “R-3” (Multifamily
Residence District), to “A-1” (Light Industrial 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 building
elevations date stamped December 21, 2021, as modified by the following
stipulations, and as approved by the Planning and Development Department.
2.
The required landscape setbacks along 27th Avenue and Buckeye Road shall
be planted with minimum 50% 2-inch caliper and 50% 3-inch caliper size trees,
five 5-gallon shrubs per tree, and conform with the Estrella Village Arterial Street
Landscaping Program landscape palette and landscaping standards for arterial
streets in the Estrella Village, 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.
3.
A minimum 500-square-foot landscaped accent area shall be provided at/near
the southeast corner of 27th Avenue and Buckeye Road. The landscaped
accent area shall provide a visually unique character with drought-tolerant plant
materials providing seasonal interest and 75% live cover, as approved by the
Planning and Development Department.
4.
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.
5.
Where pedestrian walkways cross a vehicular path, the pathway shall be
constructed of decorative pavers, stamped or colored concrete, or other
pavement treatments that visually contrasts parking and drive aisle surfaces, as
approved by the Planning and Development Department.
6.
One outdoor employee resting area of no less than 400 square feet or two 200-
square foot areas shall be provided on site. Each required pedestrian area shall
include a minimum of two pedestrian seating benches, constructed of quality
and durable materials, and shaded to a minimum of 75% using minimum 2-inch
caliper large canopy drought-tolerant shade trees and/or architectural shade, as
approved by the Planning and Development Department.
7.
All perimeter walls visible from street right-of-way shall include material and/or
textural differences, such as stucco and/or split face block with a decorative
element, such as tile or stamped designs, as approved by the Planning and
Development Department.
8.
The sidewalk along 27th Avenue shall be a minimum of 5 feet in width and
detached with a minimum 11-foot 6-inch 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 drought-tolerant shade trees that provide shade
to a minimum 75% at maturity.
b.
Drought tolerant vegetation to achieve 75% live coverage at maturity.
c.
The landscape palette and planting standards, unless otherwise provided
herein, shall conform with the Estrella Village Arterial Street Landscaping
Program requirements for arterial streets.
Where utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions consistent with a
pedestrian environment.
9.
The sidewalk along Buckeye Road shall be a minimum of 5 feet in width and
detached with a minimum 13-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 drought-tolerant shade trees that provide shade
to a minimum 50% at maturity.
b.
Drought tolerant vegetation to achieve 50% live coverage at maturity.
c.
The landscape palette and planting standards, unless otherwise provided
herein, shall conform with the Estrella Village Arterial Street Landscaping
Program requirements for arterial streets.
Where utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions consistent with a
pedestrian environment.
10.
A minimum of 25 bicycle parking spaces shall be provided through Inverted U
and/or artistic racks dispersed throughout the site and installed per the
requirements of Section 1307.H. of the Phoenix Zoning Ordinance, as approved
by the Planning and Development Department.
11.
The development shall retain the existing right-of-way, bus bay, and bus stop
pad along eastbound Buckeye Road east of 27th Avenue. The bus bay shall be
compliant with City of Phoenix Standard Detail P1256. The attached bus stop
pad shall be compliant with City of Phoenix Standard Detail P1261 with a
minimum depth of 10 feet.
12.
The developer shall dedicate right-of-way and construct one bus stop pad along
northbound 27th Avenue north of the Pima Street alignment. The bus stop pad
shall be constructed according to City of Phoenix Standard Detail P1260 with a
minimum depth of 10 feet. The bus stop pad shall be spaced from the south
entry intersection according to City of Phoenix Standard Detail P1258.
13.
The developer shall dedicate minimum 50 feet of right-of-way and construct the
east side of 27th Avenue, as approved by the Planning and Development
Department.
14.
The developer shall dedicate minimum 50 feet of right-of-way and construct the
south side of Buckeye Road, as approved by the Planning and Development
Department.
15.
Access along Buckeye Road shall be in compliance with the AASHTO
guidelines for roadway line of sight, as approved by the Street Transportation
Department.
16.
The developer shall submit a Traffic Impact Analysis (TIS) to the City for this
development. No preliminary approval of plans shall be granted until the study is
reviewed and approved by the City. The TIS shall include site access review in
compliance with spacing requirements established in the Street Planning and
Design Guidelines. The developer shall be responsible for constructing and
funding all off-site improvements as recommended by the approved TIS.
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 a No Hazard Determination for the proposed
development from the FAA pursuant to the FAA’s Form-7460 obstruction
analysis review process, prior to construction permit approval, as per plans
approved by the Planning and Development Department.
19.
The property owner shall record documents that disclose the existence, and
operational characteristics of Phoenix Sky Harbor Airport 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.
20.
In the event archeological 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 Archeologist, and allow time for the
Archeology 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.
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 11th day of May, 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
LEGAL DESCRIPTION FOR Z-79-21-7
A PARCEL BEING LOT 1, GARCIA ELEMENTARY AS RECORDED IN BOOK 576 OF
MAPS, PAGE 35, RECORDS OF MARICOPA COUNTY, ARIZONA, TOGETHER WITH
THE ADJACENT RIGHTS OF WAY OF 27TH AVENUE AND BUCKEYE ROAD
LOCATED ENTIRELY WITHIN THE NORTHWEST QUARTER OF SECTION 13,
TOWNSHIP 1 NORTH, RANGE 2 EAST OF THE GILA & SALT RIVER MERIDIAN,
MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 13, FROM WHICH
THE WEST QUARTER CORNER OF SAID SECTION 13, BEARS SOUTH 00
DEGREES 16 MINUTES 40 SECONDS EAST, A DISTANCE OF 2633.46 FEET;
THENCE SOUTH 89 DEGREES 11 MINUTES 23 SECONDS EAST, ALONG THE
NORTH LINE OF SAID NORTHWEST QUARTER OF SECTION 13, A DISTANCE OF
660.10 FEET;
THENCE SOUTH 00 DEGREES 07 MINUTES 09 SECONDS EAST, A DISTANCE OF
1318.31 FEET;
THENCE NORTH 89 DEGREES 02 MINUTES 28 SECONDS WEST, A DISTANCE OF
656.49 FEET TO THE WEST LINE OF SAID NORTHWEST QUARTER OF SECTION
13;
THENCE NORTH 00 DEGREES 16 MINUTES 40 SECONDS WEST, ALONG THE
WEST LINE OF SAID NORTHWEST QUARTER OF SECTION 13, A DISTANCE OF
1316.67 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 867,137 SQUARE FEET OR 19.907 ACRES, MORE OR
LESS.