Attachment A - Draft Ordinance - Z-72-22-8.pdf

City of Phoenix — Formal (2023-05-03)

Extracted text (via pymupdf) 18715 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-72-22-8) FROM S-1 (APPROVED R1-6 PCD)
(RANCH OR FARM RESIDENCE, APPROVED SINGLE-FAMILY
RESIDENCE DISTRICT, PLANNED COMMUNITY DISTRICT)
AND S-1 (APPROVED R-2 PCD) (RANCH OR FARM
RESIDENCE, APPROVED MULTIFAMILY RESIDENCE
DISTRICT, PLANNED COMMUNITY 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 65.85 acre site located at the southeast
corner of 59th Avenue and Elliot Road in a portion of Section 17, Township 1 South,
Range 2 East, as described more specifically in Exhibit “A,” is hereby changed from
38.45 acres of “S-1 (Approved R1-6 PCD)” (Ranch or Farm Residence, Approved
Single-Family Residence District, Planned Community District) and 27.40 acres of “S-1
(Approved R-2 PCD)” (Ranch or Farm Residence, Approved Multifamily Residence
District, Planned Community District), to “PUD” (Planned Unit District) for the Elliot 202
PUD.

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 Elliot 202 PUD reflecting the
changes approved through this request shall be submitted to the Planning
Department within 30 days of City Council approval of this request. The
updated Development Narrative shall be consistent with Development Narrative
date stamped March 9, 2023, as modified by the following stipulations.

a.
Front Cover, add “City Council adopted: [Insert Adoption date]”

b.
Page 7, Section C. List of Uses, Development Unit 1, Prohibited Uses:
Remove “Publicly operated buildings or properties” from this list.

c.
Page 7, Section C. List of Uses, Development Unit 1, Prohibited Uses:
Add “Multifamily residential.”

d.
Page 7, Section C. List of Uses, Development Unit 1, Performance
Criteria for Distribution Uses, modify this section as follows:

No distribution and large-scale wholesale facilities are permitted as a
primary use for a time period of 4 years from the date of rezoning
approval.

* For the purposes of this PUD, “large-scale wholesale” is defined
as wholesale as a primary use for an individual user occupying
more than 50% of any individual building.

e.
Page 9, Development Standards – Development Unit 1, Parking
Standards, add an Electric Vehicle Parking standards section with the
following: Minimum Percentage of installed Level 2 EV Charging
Stations. 2% of Required Parking. A minimum of 20 electric vehicle
charging spaces shall be required for the overall development (DUs 1, 2,
and 3).

f.
Page 9, Development Standards – Development Unit 1, Sidewalk and
Trails, modify the SUP standards as follows:

A 10-foot wide detached concrete Shared Use Path (SUP) shall be
provided along the west property line within a 20-foot wide Shared Use
Path Easement (SUPE) or sidewalk easement to be dedicated to the
city.

g.
Page 13, Development Standards – Development Unit 2, Maximum
Density, Add the following:

Maximum 700 units for the overall PUD area

h.
Page 13, Development and Landscape Standards for Development Unit
2: Add the header “Development Standards – Development Unit 2”
before development standards table.

i.
Page 13, Development Standards – Development Unit 2, Sidewalk and
Trails, modify the SUP standards as follows:

j.
Page 14, Development Standards – Development Unit 2, Parking
Standards, add an Electric Vehicle Parking standards section with the
following: Minimum Percentage of installed Level 2 EV Charging
Stations: 2% of Required Parking. Minimum Percentage of EV Capable
spaces: 5%. A minimum of 20 electric vehicle charging spaces shall be
required for the overall development (DUs 1, 2, and 3).

k.
Page 16, Development Standards – Development Unit 3, Maximum
Density, Add the following:

Maximum 700 units for the overall PUD area.

l.
Page 16, Development and Landscape Standards for Development Unit
3: Add the header “Development Standards – Development Unit 3”
before the development standards table.

m.
Page 17, Development Standards – Development Unit 3, Sidewalk and
Trails, modify the SUP standards as follows:

A 10-foot wide detached concrete Shared Use Path (SUP) shall be
provided along the west property line within a 20-foot wide Shared Use

Path Easement (SUPE) or sidewalk easement to be dedicated to the
city.

n.
Page 17, Development Standards – Development Unit 3, Parking
Standards, add an Electric Vehicle Parking standards section with the
following: Minimum Percentage of installed Level 2 EV Charging
Stations: 2% of Required Parking. Minimum Percentage of EV Capable
spaces: 5%. A minimum of 20 electric vehicle charging spaces shall be
required for the overall development (DUs 1, 2, and 3).

o.
Page 16, Development Standards – Development Unit 3, Building
Setbacks, modify the South (Adjacent to Unit 2) to 15 feet.

p.
Page 24, Development Unit 2 and Development Unit 3 Design
Guidelines, a. Architectural Design, Design Guidelines for Apartment
and Carriage Unit Elevations, modify the public street elevations as
follows:

Public street facing:

25% Min. Glazing and metal railing

10% Min. Brick veneer

15% Min. Hardie plank

50% Max. Stucco

q.
Page 24, Development Unit 2 and Development Unit 3 Design
Guidelines, a. Architectural Design, Design Guidelines for Apartment
and Carriage Unit Elevations, modify as follows:

 Apartment elevations shall feature large balconies and deep
overhangs to visually create layered volumes and break up the
mass of each building type.

 Balconies are encouraged to orient toward the streets, where
possible.

 A minimum of three (3) apartment building types are provided.

r.
Page 25, F. Signs, add the following language after the first paragraph:

 There shall be a maximum of two digital billboards each at a
maximum height of 48 feet.

 Any off-premise sign shall include branded screening on the
backside.

s.
Page 26, Section G. Sustainability, 1. City Enforced Standards, move

the third bullet point related to recycling to the Developer Goal section.

2.
Page 27, Circulation Systems: Remove “future development to dedicate and
construct all typical half street right-of way and roadways necessary to serve
the development”.

3.
The developer shall dedicate right-of-way and construct the south side of Elliot
Road from 55th Avenue to the 202 Freeway, as required by the Tierra Montana
Master Street Plan and as approved by the Planning and Development
Department.

4.
The developer shall dedicate right-of-way and fully construct 59th Avenue, as
required by the Tierra Montana Master Street Plan and as approved by the
Planning and Development Department.

5.
The developer shall dedicate right-of-way and fully construct Carver Road, as
required by the Tierra Montana Master Street Plan and as approved by the
Planning and Development Department.

6.
The developer shall submit a Traffic Impact Study including a signal warrant
analysis for this development at the intersection of 59th Avenue and Elliot
Road. No preliminary approval of plans shall be granted until the study has
been reviewed and approved by the city. The developer shall be responsible for
cost and construction of traffic signal or If traffic signal is not warranted upon
opening, the developer will be required to provide 50% contribution toward the
traffic signal in an escrow account to the Street Transportation Department, as
required by the approved traffic impact study.

7.
The developer shall submit a sight distance analysis for all driveways located
along 59th Avenue. Sight distance must comply with the Street AASHTO
requirements and Transportation Departments Planning and Design Manual
and as approved by the Street Transportation Department.

8.
Existing irrigation facilities along public streets are to be undergrounded and
relocated outside of City right-of-way. Contact SRP to identify existing land
rights and establish the appropriate process to relocate the facility.

9.
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.

10.
A 30-foot-wide multi-use trail easement (MUTE) shall be dedicated along
Carver Road and a minimum 10-foot-wide multi-use trail (MUT) shall be
constructed within the easement in accordance with the MAG supplemental

detail and as approved by the Planning and Development Department.

11.
A 20-foot-wide shared-use path easement (SUPE) shall be dedicated along the
east side of 59th Avenue and a minimum 10-foot-wide shared used path (SUP)
shall be constructed within the easement in accordance with the MAG
supplement detail and as approved by the Planning and Development
Department.

12.
The property owner shall record documents that disclose the existence, and
operational characteristics of Goodyear 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.

13.
In the event archeological 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 Archeologist, and allow time for the
Archeology Office to properly assess the materials

14.
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.

15.
Prior to obtaining a permit for an off-premise sign (billboard), the applicant must
execute an agreement with the City of Phoenix, outlining the utilization of 50%
of the net profits from the proposed billboards with specific regard to the
following:
 Subsidization of rent for Laveen residents via IDM Cares;
 Laveen Elementary School District;
 City of Phoenix parks operations for Olney park near the intersection of
59th and Olney avenues, as modified and approved by the Parks and
Recreation Department.

The 50% donation shall be broken down into minimum 25% of revenue to
rental assistance and minimum 15% to Olney park as part of the total 50%.

The agreement shall remain in force as long as the billboards are operational or
until a contribution amount of two million dollars has been donated.

16.
Prior to occupancy, the developer must provide a qualified engineer’s report
certifying the average annual interior noise exposure for any residential unit or
enclosed public assembly area will not exceed 45 decibels.

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 May, 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 (3 Pages)
B – Ordinance Location Map (1 Page)

EXHIBIT A

LEGAL DESCRIPTION FOR Z-72-22-8

Development Unit 1

A portion of (GLO) Lot 1 lying within the Northwest Quarter of Section 17, Township 1
South, Range 2 East of the Gila and Salt River Meridian, Maricopa County, Arizona,
being more particularly described as follows:

COMMENCING at a found 3 inch City of Phoenix brass cap in hand hole accepted as
the North quarter corner of said Section 17 from which a found 3 inch brass cap in hand
hole, stamped T1S, R2E, S7, S8, S17, S18, RLS 54404, dated 2020 accepted as the
Northwest corner thereof bears North 89°54'45" West, 2619.11 feet;

Thence North 89°54'45" West, 1882.59 feet along the north line of said Northwest
Quarter to the POINT OF BEGINNING;

Thence leaving said north line, South 00°00'00" East, 1166.32 feet;

Thence North 90°00'00" West, 740.14 feet to the west line of said Northwest Quarter;

Thence along said west line, North 00°10'42" East, 1167.45 feet to the Northwest corner
of said Section 17;

Thence South 89°54'45" East, 736.51 feet to the POINT OF BEGINNING.

The above described parcel contains a computed area of 861,540 sq. ft. (19.7782
acres) more or less and being subject to any easements, restrictions, rights-of-way of
record or otherwise.

The description shown hereon is not to be used to violate any subdivision regulation of
the state, county and/or municipality or any land division restrictions.

Development Unit 2:

Thence North 89°54’45” West, 1351.43 feet along the north line of said Northwest
Quarter;

Thence leaving said north line, South 01°05'33" East, 1304.07 feet along the west line
of “Ellison Trails” per Book 1478, Page 50, Maricopa County Records, Arizona to the
southwest corner thereof also being the POINT OF BEGINNING;

Thence along the south line of said “Ellison Trails” being in common line with the north
line of said (GLO) Lot 1, South 89°44'51" East, 12.41 feet to the northwest corner of
“Tierra Montana Phase 1 - Parcel 6” per Book 1019, Page 16, Maricopa County
Records, Arizona;

Thence along the west line of said final plat being in common line with the east line of
said (GLO) Lot 1, South 00°12'04" West, 1304.04 feet to the East-West Mid-Section line
of said Section 17;

Thence along said Mid-Section line being in common line with the south line of said
(GLO) Lot 1, North 89°34'59" West, 637.21 feet to the centerline of Loop 202;

Thence along said centerline, North 41°17'26" West, 404.46 feet to the beginning of a
tangent curve, concave northeasterly, having a radius of 7678.00 feet;

Thence continuing along said centerline and northwesterly along said curve, through a
central angle of 04°46'38" West, an arc length of 640.16 feet to the west line of said
Northwest Quarter;

Thence along said west line being in common line with the west line of said (GLO) Lot
1, North 00°10'42" East, 503.23 feet;

Thence leaving said west line, South 89°44'51" East, 1296.60 feet along the north line
of said (GLO) Lot 1 to the POINT OF BEGINNING.

The above described parcel contains a computed area of 1,444,919 sq. ft. (33.1708
acres) more or less and being subject to any easements, restrictions, rights-of-way of
record or otherwise.

The description shown hereon is not to be used to violate any subdivision regulation of
the state, county and/or municipality or any land division restrictions.

Development Unit 3:

Thence North 89°54'45" West, 1351.43 feet along the north line of said Northwest
Quarter to the POINT OF BEGINNING;

Thence leaving said north line, South 01°05'33" East, 1304.07 feet along the west line
of "Ellison Trails" per Book 1478, Page 50, Maricopa County Records, Arizona to the
southwest corner thereof;

Thence leaving said west line, North 89°44'51" West, 1296.60 feet along the North line
of said (GLO) Lot 1;

Thence leaving said north line, North 00°10'42" East, 132.61 feet along the west line of
said Northwest Quarter;

Thence leaving said west line, North 90°00'00" East, 740.14 feet;

Thence North 00°00'00" East, 1166.32 feet to the north line of said Northwest Quarter;

Thence along said north line, South 89°54'45" East, 531.17 feet to the POINT OF
BEGINNING.

The above described parcel contains a computed area of 807,688 sq. ft. (18.5420
acres) more or less and being subject to any easements, restrictions, rights-of-way of
record or otherwise.

The description shown hereon is not to be used to violate any subdivision regulation of
the state, county and/or municipality or any land division restrictions.