Attachment A - Draft Ordinance - Z-60-20-8.pdf

City of Phoenix — Formal (2021-06-02)

View PDF Meeting page

Extracted text (via pymupdf) 10925 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 ORDINANCE BY CHANGING THE ZONING DISTRICT 
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN 
(CASE Z-60-20-8) FROM R1-8 (SINGLE-FAMILY RESIDENCE 
DISTRICT) TO PUD (PLANNED UNIT DEVELOPMENT). 
 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 19.35-acre site located at the northwest 
corner of 35th Avenue and Carver Road in a portion of Section 10, Township 1 South, 
Range 2 East, as described more specifically in Exhibit “A”, is hereby changed from 
“R1-8” (Single-Family Residence District) to “PUD” (Planned Unit Development). 
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. 
An updated Development Narrative for the Carver Canyon PUD reflecting the 
changes approved through this request shall be submitted to the Planning and 
Development Department within 30 days of City Council approval of this request.  
The updated Development Narrative shall be consistent with the Development 
Narrative date stamped April 5, 2021, as modified by the following stipulations: 
a. Front cover: Revise the submittal date information on the bottom to add 
the following: Hearing draft submittal: April 5, 2021; City Council adopted: 
[Add adoption date]. 
 
b. Page 8, Delete “Churches/Places of Worship (pursuant to the restrictions 
of Section 608.E.1 of the Phoenix Zoning Ordinance; including, Pocket 
Shelters shall not be permitted)” from the Prohibited Uses list. 
c. Page 11, Hillside Treatment: Include the following statement at the bottom 
of this section: “This PUD is subject to all City of Phoenix Hillside 
Development Standards, including but not limited to density restrictions, 
which may require deviations from the included exhibits that have not been 
reviewed for hillside compliance. All hillside standards and requirements 
shall override all zoning standards, including conflicts with any of the PUD 
standards included within.” 
d. Page 8, Development Standards table: Modify Maximum Number of Lots 
to 56 Lots Total. 
e. Page 8: Development Standards Table: Modify Individual Lot Dimensions 
to reflect a minimum lot size of 8,700 square feet. 
f. 
Page 9, Development Standards Table: Modify Minimum Individual Lot 
Setbacks for Side Yard as follows: “6-Foot Minimum, 13 Feet Combined 
Minimum”. 
g. Page 12, Landscape Standards Table, Arterial Road Plantings: Modify 
Item No. 3 to require that all trees shall be minimum 2-inch caliper, and a 
minimum of 40 percent of all trees shall be minimum 3-inch caliper. 
h. Page 14, Exterior Walls: Modify first bullet so that each home shall include 
two alternative building materials in addition to the primary building 
material on all architectural elevations, plus garage enhancements such as 
window panels, color, added materials surrounding door, and trellises; and 
that the primary building material shall not exceed 75 percent of all front 
and exposed side elevations and street facing elevations.

2. 
Carver Road and 35th Avenue are under MCDOT jurisdiction, the applicant shall 
submit verification of MCDOT approval for improvements prior to preliminary site 
plan approval. 
3. 
The developer shall dedicate minimum 55 feet of right-of-way for the west half of 
35th Avenue, as approved by the Planning and Development Department. 
4. 
The developer shall dedicate minimum 40 feet of right-of-way for the north half of 
Carver Road, as approved by the Planning and Development Department. 
5. 
The developer shall dedicate additional right-of-way and provide improvements to 
the 35th Avenue and Carver Road intersection as per geometric design approved 
by the Maricopa Department of Transportation. Provide approved design and 
verification of approval to the City of Phoenix, Street Transportation Department 
prior to preliminary submittal. The design will need to provide access to 35th 
Avenue south of Carver Road. 
6. 
The applicant shall submit a Traffic Impact Study to the City for this development. 
No preliminary approval of plans shall be granted until the study is reviewed and 
approved by the City. Contact the Street Transportation Department to set up a 
meeting to discuss the requirements of the study. Upon completion of the TIS the 
developer shall submit the completed TIS to the Planning and Development 
Department counter with instruction to forward the study to the Street 
Transportation Department, Development Coordination Section. 
7. 
The applicant shall complete and submit the Developer Project Information Form 
for the Maricopa Association of Governments Transportation Improvement 
Program. This form is a requirement of the Environmental Protection Agency to 
meet clean air quality requirements. 
8. 
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. 
9. 
Clearly defined, accessible pedestrian pathways shall be provided to connect 
building public sidewalks and community amenities using the most direct route for 
pedestrians, as approved by the Planning and Development Department. 
10. 
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.

11. 
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. 
12. 
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. 
13. 
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. 
14. 
Prior to final site plan approval, the property owner shall record documents that 
disclose to tenants of the site or purchasers of property within the site, the 
existence, proximity, and operational characteristics of active aviation uses in the 
Hangar Haciendas Units One, Two, and Three subdivisions located 
approximately 2,300 feet to the east of the subject property in Maricopa County. 
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. 
15. 
Prior to final site plan approval, the property owner shall record documents that 
disclose to tenants of the site or purchasers of property within the site, the 
existence, proximity, and operational characteristics of active agricultural uses 
and non-domesticated animal keeping. 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. 
16. 
The developer shall complete an enhanced drainage survey and hillside review 
that goes above and beyond the city requirements, as approved by the Planning 
and Development Department. 
 
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-60-20-8 
 
A portion of the South half of GLO Lot 1 of Section 10, Township 1 South, Range 2 East 
of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, being more 
particularly described as follows; 
  
COMMENCING at the East quarter corner of said Section 10 (3” brass cap in handhole) 
from which the Southeast corner of said Section 10 (3” aluminum cap stamped RLS 
19344) bears South 00 degrees 00 minutes 04 seconds West a distance of 2639.90 
feet; Thence South 00 degrees 00 minutes 04 seconds West along the East line of the 
Southeast quarter of said Section 10 a distance of 2075.32 feet to the TRUE POINT OF 
BEGINNING; Thence continuing South 00 degrees 00 minutes 04 seconds West along 
the East line of said South half of GLO Lot 1 a distance of 435.67 feet to the Northeast 
corner of that certain parcel described in Instrument 2007-0575240, records of said 
county; Thence South 51 Degrees 37 Minutes 57 Seconds West along the Northwest 
line of said certain parcel a distance of 208.56 feet to the Southwest corner of said 
certain parcel; Thence South 89 Degrees 48 Minutes 33 Seconds West along the South 
line of said GLO Lot 1 a distance of 1132.63 feet; Thence North 00 Degrees 00 Minutes 
43 Seconds West along the East line of the West 40 acres of GLO Lot 1 and Lot 2 of 
said Section 10 a distance of 659.62 feet; Thence North 89 Degrees 47 Minutes 40 
Seconds East along the North line of said South half of GLO Lot 1 a distance of 1246.30 
feet to a point on the West line of the East 50.00 feet of said South half of GLO Lot 1; 
Thence South 00 Degrees 00 Minutes 04 Seconds West along last said West line a 
distance of 95.19 feet; Thence South 89 Degrees 59 Minutes 56 Seconds East 
perpendicular with said East line of GLO Lot 1 a distance of 50.00 feet to the POINT OF 
BEGINNING.