Attachment A - Draft Ordinance - Z-9-21-5.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-9-21-5) FROM PSC (PLANNED SHOPPING CENTER
DISTRICT) TO C-2 (INTERMEDIATE COMMERCIAL DISTRICT)
AND R-3A (MULTIFAMILY RESIDENCE DISTRICT) .
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 4.35-acre site located approximately 800 feet
west of the southwest corner of 83rd Avenue and Indian School Road in a portion of
Section 27, Township 2 North, Range 1 East, as described more specifically in Exhibit
“A”, is hereby changed from 4.35 acres of “PSC” (Planned Shopping Center District) to
1.15 acres of “C-2” (Intermediate Commercial District) and 3.20 acres of “R-3A”
(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 residentially zoned portion of the site shall be in general conformance with
the site plan and elevations date stamped February 9, 2021, as modified by the
following stipulations and approved by the Planning and Development
Department.
2.
The conceptual site plan and elevations for the commercial portion of the site
shall be administratively approved by the Planning Hearing Officer prior to
preliminary site plan approval with specific regard to the inclusion of the below
elements. This review is for conceptual purposes only. Specific development
standards and requirements will be determined by the Planning and
Development Department.
a.
Location and orientation of driveway and trash receptables in relation to
the single-family residential neighborhood to the west.
b.
Clearly defined accessible pedestrian pathways to connect building
entrances and public sidewalks, using the most direct route for
pedestrians.
c.
Pedestrian connection between multifamily and commercial parcels.
d.
All elevations of the building/s shall contain architectural embellishments
and detailing, such as: textural changes, pilasters, offsets, recesses,
variation in window size or location, overhang canopies, or similar
features.
3.
The commercially zoned portion of the site shall provide a minimum 20-foot-
wide landscape setback adjacent to the west property line and the residentially
zoned portion of the site shall provide a minimum 15-foot-wide landscape
setback along the west property line. The landscape setbacks shall be planted
with large evergreen trees planted 20 feet on center or in equivalent groupings,
as approved by the Planning and Development Department. Sixty percent of
the trees shall be minimum 2-inch caliper, 40 percent of the trees shall be
minimum 3-inch caliper with five 5-gallon shrubs per tree, as approved by the
Planning and Development Department.
4.
Resident bicycle parking shall be provided at a rate of 0.25 spaces per dwelling
unit, up to a maximum of 50 spaces, as approved by the Planning and
Development Department. These spaces shall be located near building
entrances or common areas and may be provided through a combination of
inverted U-bicycle racks, artistic style racks, “Secure/Covered Facilities” or
“Outdoor/Covered Facilities” as defined in Appendix K or the Comprehensive
Bicycle Master Plan.
5.
The developer shall provide a minimum 5-foot wide detached sidewalk and a
minimum 13-foot wide landscape strip located behind the back of curb to the
back of sidewalk along Indian School Road, per Cross Section D, as identified
on the Street Classification Map, as approved by the Planning and
Development Department. Minimum 2-inch caliper trees shall be planted 20
feet on center or in equivalent groupings with five 5-gallon shrubs per tree, 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.
Access proposed onto Piccadilly Road shall be restricted to emergency access
only, as approved by the Planning and Development Department.
7.
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.
8.
Where pedestrian pathways cross drive aisles, they shall be constructed of
decorative pavers, stamped or colored concrete, or other pavement treatments
that visually contrast with the adjacent parking and drive aisle surfaces, as
approved by the Planning and Development Department.
9.
Trees shall be placed to provide 75 percent shade coverage on all pedestrian
pathways and sidewalks at full maturity. Shade structures may be used to meet
the shade requirement in places where trees are unable to be located, as
approved by the Planning and Development Department.
10.
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.
11.
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 2nd day of June, 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 Z-9-21-5
LOT 2, FINAL PLAT "SWC 84TH AVE. & INDIAN SCHOOL ROAD." ACCORDING
TO PLAT RECORDED IN BOOK 693 OF MAPS, PAGE 28, RECORDS OF
MARICOPA COUNTY, ARIZONA.
A PORTION OF THE NE ¼ OF SECTION 27, T.2N., R.1E., G. & S. R. M.,
MARICOPA COUNTY, ARIZONA
PARENT PARCEL:
LOT 2, FINAL PLAT "SWC 84TH AVE. & INDIAN SCHOOL ROAD."
ACCORDING TO PLAT RECORDED IN BOOK 693 OF MAPS, PAGE 28,
RECORDS OF MARICOPA COUNTY, ARIZONA.
LOT 2A:
THE NORTH 258.00 FEET, AS MEASURED FROM THE SOUTHWEST CORNER
OF LOT 1, THE SOUTHERN BOUNDARY OF WHICH, BEING THE WESTERLY
ELONGATION OF THE SOUTH LINE OF LOT 1, OF THE FOLLOWING
DESCRIBED PROPERTY:
LOT 2, FINAL PLAT "SWC 84TH AVE. & INDIAN SCHOOL ROAD."
ACCORDING TO PLAT RECORDED IN BOOK 693 OF MAPS, PAGE 28,
RECORDS OF MARICOPA COUNTY, ARIZONA.
LOT 2B:
LOT 2, FINAL PLAT "SWC 84TH AVE. & INDIAN SCHOOL ROAD."
ACCORDING TO PLAT RECORDED IN BOOK 693 OF MAPS, PAGE 28,
RECORDS OF MARICOPA COUNTY, ARIZONA.
EXCEPT: THE NORTH 258.00 FEET, AS MEASURED FROM THE
SOUTHWEST CORNER OF LOT 1, THE SOUTHERN BOUNDARY OF WHICH,
BEING THE WESTERLY ELONGATION OF THE SOUTH LINE OF LOT 1, OF
SAID FINAL PLAT.