Attachment A - Draft Ordinance - Z-13-23-7.pdf

City of Phoenix — Formal (2023-07-03)

Extracted text (via pymupdf) 14946 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-13-23-7) FROM S-1 (RANCH OR FARM
RESIDENCE) AND R-2 (MULTIFAMILY RESIDENCE DISTRICT)
TO CP/GCP (COMMERCE PARK DISTRICT, GENERAL
COMMERCE PARK OPTION) AND A-1 (LIGHT INDUSTRIAL
DISTRICT).

____________

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of A 26.08 acre property located at the southwest
corner of 51st Avenue and Broadway Road in a portion of Section 20, Township 1
North, Range 2 East, as described more specifically in Exhibit “A,” is hereby changed
from 25.97 acres of “S-1” (Ranch or Farm Residence) and 0.11 acres of “R-2”
(Multifamily Residence District) to 8.03 acres of “CP/GCP” (Commerce Park District,
General Commerce Park Option) and 18.05 acres of “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 office building as depicted on the site plan date stamped April 25, 2023,
shall be in general conformance with the office building elevations date
stamped April 3, 2023, with specific regard to the architectural feature on the
north and south façade, glass and color pallet as modified by the following
stipulations and approved by the Planning and Development Department.

2.
The proposed building sizes and locations shall generally conform to the site
plan date stamped April 25, 2023, as approved by the Planning and
Development Department.

3.
The development shall conform with the Estrella Village Arterial Street
Landscaping Program landscape pallet and landscaping standards along
arterial streets in the Estrella Village, except as otherwise noted herein, as
approved by the Planning and Development Department.

4.
A 30-foot-wide multi-use trail easement (MUTE) shall be dedicated along the
west side of 51st Avenue and a minimum 10-foot-wide multi-use trail (MUT)
shall be constructed within the easement in accordance with the MAG
supplement detail and as approved by the Planning and Development
Department.

5.
A minimum 30-foot-wide landscape setback shall be provided along the north
and east perimeter of the site.

6.
The required landscape setbacks along 51st Avenue and Broadway Road
shall be planted with minimum 50% 2-inch caliper and 50% 3-inch caliper size
trees, and five 5-gallon shrubs per tree, as approved by the Planning and
Development Department. Where utility conflict exists, the developer shall
work with the Planning and Development Department on alternative design
solutions consistent with a pedestrian environment.

7.
A minimum of 10% of the required shrubs, shall be a milkweed or other native
nectar species, and shall be planted in groups of three or more, as approved
by the Planning and Development Department.

8.
All uncovered employee and customer surface parking lot areas shall be
landscaped with minimum 2-inch caliper large canopy drought tolerant shade
trees. Landscaping shall be dispersed throughout the employee and customer

parking area and achieve a minimum 25% shade at maturity, as approved by
Planning and Development Department.

9.
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 contrast parking and drive aisle surfaces,
as
approved by the Planning and Development Department.

10.
One outdoor employee resting or recreation 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, a
table, and constructed of quality and durable materials, and shaded to a
minimum of 50 percent using minimum 2-inch caliper large canopy drought-
tolerant shade trees and/or architectural shade, as approved by the Planning
and Development Department.

11.
A minimum of 12 bicycle parking spaces shall be provided through Inverted U
and/or artistic racks installed per the requirements of Section 1307.H. of the
Phoenix Zoning Ordinance and or within a secure bicycle storage room, as
approved by the Planning and Development Department.

12.
The existing detached sidewalk landscape area located between the back of
curb and sidewalk shall be maintained along 51st Avenue 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 to provide a minimum 75% shade.

b.
Drought tolerant vegetation maintained no higher than 24 inches to
provide a minimum of 75% live coverage at maturity.

Where utilities conflicts arise, the developer shall work with the Planning and
Development Department on an alternative design solution consistent with a
pedestrian environment.

13.
The existing streetscape along 51st Avenue shall be replenished with
appropriate water drip system, as approved by Planning and Development.

14.
A minimum of 10% of the required employee and customer parking shall
include EV capable infrastructure.

15.
A minimum of two green infrastructure (GI) techniques for stormwater
management shall be implemented per the Greater Phoenix Metro Green
Infrastructure and Low Impact Development Details for Alternative Stormwater

Management, as approved or modified by the Planning and Development
Department.

16.
The developer shall re-dedicate existing right-of-way easement, dedicated by
MCR 87-372362, along Broadway Road as fee title to the City of Phoenix.

17.
A minimum 6-foot-wide detached sidewalk and a minimum 10-foot-wide
landscape strip between the back of curb and sidewalk shall be provided
along the south side of Broadway Road, 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 to provide a minimum 75% shade.

b.
Drought tolerant vegetation maintained no higher than 24 inches to
provide a minimum of 75% live coverage at maturity.

Where utilities conflicts arise, the developer shall work with the Planning and
Development Department on an alternative design solution consistent with a
pedestrian environment.

18.
A minimum 8-foot-wide detached shared use path (sidewalk) separated by a
minimum 8-foot-wide landscape strip between the back of curb and sidewalk
shall be provided along the north side of Broadway Road, connecting the
existing shared use path (sidewalk) to the subject site’s western property line
for the small portion of the subject site along the north side of Broadway
Road, as approved by the Planning and Development Department.

19.
A 14-foot-wide median island shall be constructed and landscaped in
Broadway Road from 51st Avenue to the 53rd Avenue. A full access median
opening shall be provided at 52nd Avenue. All other access points to be
median restricted or as approved by the Street Transportation Department.
Coordinate median island and openings design with the Street Transportation
Department.

20.
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.

21.
This parcel is in a Special Flood Hazard Area (SFHA) called Zone AE, on
panel 2705L of the Flood Insurance Rate Maps (FIRM) dated June 26, 2020.
The following requirements shall apply, as approved by the Planning and
Development Department:

a.
The Architect/Engineer is required to show the floodplain boundary limits
on the Grading and Drainage plan and ensure that impacts to the
proposed facilities have been considered, following the National Flood
Insurance Program (NFIP) Regulations (44 CFR Paragraph 60.3). This
includes, but not limited to provisions in the latest versions of the
Floodplain Ordinance of the Phoenix City Code.

b.
A copy of the Grading and Drainage Plan needs to be submitted to the
Floodplain Management section of Street Transportation Department for
review and approval of Floodplain requirements.

c.
The developer shall provide a FEMA approved CLOMR-F or CLOMR
prior to issuance of a Grading and Drainage permit.

22.
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.

23.
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.

24.
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.

25.
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 3rd day of July, 2023.

________________________________

MAYOR

ATTEST:

_________________________
Denise Archibald, City Clerk

APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney

By:
_________________________
_________________________

REVIEWED BY:

_________________________
Jeffrey Barton, City Manager

Exhibits:
A – Legal Description (2 Pages)
B – Ordinance Location Map (1 Page)

EXHIBIT A

LEGAL DESCRIPTION FOR Z-13-23-7

CP/GCP ZONING:

That part of the Southeast Quarter of Section 20, Township 1 North,
Range 2 East, of the Gila and Salt River Meridian, Maricopa County,
Arizona, more particularly described as follows:

Commencing at the East Quarter Comer of said Section 20, from which
the Center of said Section 20, bears North 88°36'42" West, a distance of
2622.18 feet;

Thence South 00°13'57" West, along the East line of the Southeast
Quarter of said Section 20, a distance of 1264.18 feet to the Brass Cap
marking the intersection of Broadway Road and 51st Avenue, being the
Point of Beginning;

Thence continuing South 00°13'57" West, along said East line, a
distance of 430.27 feet; Thence North 89°55'51" West, departing said
East line, a distance of 804.65 feet;
Thence North 00°15'21" East, a distance of 448.48 feet to a point on a
1373.91 foot radius non- tangent curve, whose center bears South
00°52'42" West, said point also being a point on the Centerline of said
Broadway Road;

Thence Easterly, along said curve and along said Centerline, through a
central angle of 00°29'26", a distance of 11.76 feet;

Thence South 88°37'52" East, along said Centerline, a distance of 792.86
feet to the Point of Beginning.

Containing 353,522 Square Feet or 8.116 Acres, more or less.

Section comers described in this legal description are depicted on the Final
Plat of River Bend 1, Unit A, as recorded in Book 675 of Maps, Page 11,
Records of Maricopa County, Arizona. No field work was performed on this
project by Coe & Van Loo Consultants as a basis for the preparation of this
legal description.

A-1 ZONING:

That part of the Southeast Quarter of Section 20, Township 1 North, Range
2 East, of the Gila and Salt River Meridian, Maricopa County, Arizona,
more particularly described as follows:

Commencing at the East Quarter Comer of said Section 20, from which the
Center of said Section 20, bears North 88°3614211 West, a distance of
2622.18 feet;

Thence South 00°1315711 West, along the East line of the Southeast
Quarter of said Section 20, a distance of 1264.18 feet to the Brass Cap
marking the intersection of Broadway Road and 51st Avenue.

Thence continuing South 00°1315711 West, along said East line, a
distance of 430.27 feet to the Point of Beginning;
Thence continuing South 00°1315711 West, along said East line, a
distance of 202.31 feet; Thence South 71°53159" West, departing
said East line, a distance of 1193.70 feet; Thence North 88°37'3611
West, a distance of 62.89 feet;

Thence North 00°1315711 East, a distance of 395.75 feet;
Thence North 88°37'3611 West, a distance
of 240.59 feet; Thence North 00°131 1311
East, a distance of 579.06 feet;

Thence South 88°37'3611 East, a distance of 255.75 feet to a point on a
1373.91 foot radius non- tangent curve, whose center bears South
15°0010511 East, said point also being a point on the Centerline of said
Broadway Road;

Thence East, along said curve and said Centerline, through a central
angle of 15°5214711 , a distance of 380.79 feet;

Thence South 00°1512111 West, departing said Centerline, a
distance of 448.48 feet; Thence South 89°5515111 East, a
distance of 804.65 feet to the Point of Beginning.

Containing 784841 Square Feet or 18.017 Acres, more or less.