Attachment A - Draft Ordinance - Z-20-21-4.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
(Z-20-21-4) FROM UR TOD-1 (URBAN RESIDENTIAL, INTERIM
TRANSIT-ORIENTED ZONING OVERLAY DISTRICT ONE) TO
PUD (PLANNED UNIT DEVELOPMENT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 4.34-acre site located approximately 1,300
feet north of the northeast corner of Central Avenue and Indian School Road, in a
portion of Section 20, Township 2 North and Range 3 East, as described more
specifically in Exhibit “A,” is hereby changed from “UR TOD-1” (Urban Residential,
Interim Transit-Oriented Zoning Overlay District One) 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 Uptown Residential Community 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 July 12, 2021, as modified by the following
stipulations:
a.
Page 12, PUD Development Standards Table (Single-Family Attached),
Add a row titled “Pedestrian connections to Central Avenue” with the
following development standard: “Two pedestrian connections to the
Central Avenue sidewalk from a system of interior pedestrian pathways.
All units with a required stoop frontage type shall be connected to Central
Avenue by a direct pedestrian pathway. The pedestrian connections to the
public sidewalk shall be a minimum 5 feet wide.”
b.
Page 12, PUD Development Standards Table (Single-Family Attached),
Add a row titled “Pedestrian system standards” with the following:
“Clearly defined, accessible pedestrian pathways shall be provided
to connect building entrances, public sidewalks, and amenity areas,
using the most direct route for pedestrians.”
c.
Page 14, 4. Shade. Replace with the following language and formatting:
75 percent minimum shade shall be provided on public sidewalk
along Central Avenue.
75 percent minimum shade shall be provided on private walkways
through a combination of vegetative and architectural shade but
architectural shade shall not comprise more than 30 percent of the
total shade.
All interior pedestrian pathways shall be shaded to a minimum of 75
percent
d.
Page 12, PUD Development Standards Table (Single-Family Attached),
Add a row titled “Pedestrian system standards” with the following:
“Clearly defined, accessible pedestrian pathways shall be provided to
connect building entrances, public sidewalks, and amenity areas, using
the most direct route for pedestrians.”
e.
Page 15, 6. Walls and Fences, Replace the first sentence with the
following “Walls will be in accordance with the wall exhibits herein”
f.
Page 15, PUD Wall & Fence Design Standards Table, Replace the
development standards for all perimeters adjacent to private parcels
located near the northwest and northeast corners of the PUD from “6’
minimum; 8’ maximum” to “maximum height of 6 feet.”
g.
Page 12, PUD Development Standards Table (Single-Family Attached),
Replace the development standards language for “WU Frontage Types”
with the following: “All units adjacent to Central Avenue shall comply with
the requirements of Section 1305, Table 1305.1. For stoop. Units 1
through 14, and 38 to 43, as depicted on the illustrative landscape plan
date stamped February 1, 2022 shall comply with the requirements of
Section 1305, Table 1305.1. For stoop with the frontage oriented to the
south. Minimum width: 60% of building façade”
h.
Page 11, PUD Development Standards Table (Single-Family Attached),
Update “Maximum Projection by Porches, Patios, Balconies or port-
cocheres into required Perimeter setbacks” to add “Stoops.”
i.
Page 15, 7. Central Avenue Frontage, Replace “Porch” With “Stoop.”
j.
Page 8. B. Land Use Plan. Replace all descriptions of “Porch” Frontage
Types with “Stoop.”
k.
Pages 9-10, 17, 22, 24, 25, and 30 - 34. Update the figures and exhibits
contained in the narrative to be consistent with the illustrative landscape
plan date stamped February 1, 2022 and add the architectural rendering
figures date stamped February 1, 2022, to reflect the change from “porch”
to “stoop” frontages and the added pedestrian pathway along the south
property line.
l.
Page 26, Section E.2. Architectural Design. Add the following to the
beginning of the list and renumber the remaining entries: “The
development shall be in general conformance with the architectural
renderings with specific regard to parapet design, four-sided architecture,
and multiple colors and materials on each building face, as approved by
the Planning and Development Department.”
m.
Page 3, Table of Contents. Update the table of contents to include the
architectural renderings and renumber pages accordingly.
2.
The developer shall dedicate a 12-foot Image Enhancement Easement along the
east side of Central Avenue, as approved by the Planning and Development
Department.
3.
The developer shall provide improvements on Central Avenue in compliance with
the Central Avenue Image Enhancement guidelines, as approved by the
Planning and Development Department.
4.
The developer shall dedicate a public access easement along the northern site
boundary to provide legal access to APN 155-25-001L, as approved by the
Planning and Development Department.
5.
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.
6.
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.
7.
The developer shall grant and record an avigation easement to the City of
Phoenix for the site, per the content and form prescribed by the City Attorney
prior to final site plan approval.
8.
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.
9.
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.
10.
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.
11.
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.
12.
A maximum one point of ingress/egress shall be allowed onto Central Avenue,
not including the shared easement located along the north boundary of the
subject site. The width of the vehicular ingress/egress shall be no greater than 30
feet, as approved or modified by the Planning and Development Department.
13.
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 March,
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-20-21-4
THAT PORTION OF THE SOUTHEAST OF SECTION 20, TOWNSHIP 2 NORTH,
RANGE 3 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY,
ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 20 FROM
WHICH THE CENTER QUARTER CORNER BEARS NORTH 0°15'41” EAST, A
DISTANCE OF 2636.90 FEET;
THENCE ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER NORTH
0°15'41" EAST A DISTANCE OF 1352.76 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID WEST LINE, NORTH 0°15'41" EAST A
DISTANCE OF 250.00 FEET;
THENCE DEPARTING SAID WEST LINE, SOUTH 89°44'19" EAST A DISTANCE OF
250.00 FEET TO THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND
DESCRIBED IN DOCUMENT NUMBER 2009-0913462, MARICOPA COUNTY
RECORDS;
THENCE ALONG THE EAST LINE OF SAID PARCEL, NORTH 0°15'41" EAST A
DISTANCE OF 250.00 FEET TO THE NORTHEAST CORNER THEREOF AND TO A
POINT ON THE SOUTH LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN
DOCUMENT NUMBER NOD-15422 MARICOPA COUNTY RECORDS;
THENCE ALONG SAID SOUTH LINE SOUTH 89°44'19" EAST A DISTANCE OF
200.00 FEET TO THE NORTHWEST CORNER OF THAT CERTAIN PARCEL OF
LAND DESCRIBED IN DOCUMENT NUMBER 2009-0913462, MARICOPA COUNTY
RECORDS;
THENCE ALONG THE WEST LINE OF SAID PARCEL SOUTH 0°15'41" WEST A
DISTANCE OF 250.00 FEET TO THE SOUTHWEST CORNER THEREOF;
THENCE ALONG THE SOUTH LINE OF SAID PARCEL SOUTH 89°44'19" EAST A
DISTANCE OF 100.00 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL AND
TO A POINT ON THE WEST LINE OF THAT CERTAIN PARCEL OF LAND
DESCRIBED IN DOCUMENT NUMBER 1996-0877263 MARICOPA COUNTY
RECORDS;
THENCE ALONG THE WEST LINE OF SAID PARCEL SOUTH 0°15'41" WEST A
DISTANCE OF 250.00 FEET;
THENCE DEPARTING SAID WEST LINE NORTH 89°44'19" WEST A DISTANCE OF
550.00 FEET TO THE POINT OF BEGINNING.
CONTAINS 187500 SQUARE FEET OR 4.3044 ACRES OF LAND, MORE OR LESS.