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