Attachment A - Draft Ordinance - Z-75-22-8.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 ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-75-22-8) FROM S-1 (RANCH OR FARM
RESIDENCE), S-1 (APPROVED R1-10 PCD) (RANCH OR FARM
RESIDENCE, APPROVED SINGLE-FAMILY RESIDENCE
DISTRICT, PLANNED COMMUNITY DISTRICT), S-1 (APPROVED
C-1 PCD) (RANCH OR FARM RESIDENCE, APPROVED
NEIGHBORHOOD RETAIL, PLANNED COMMUNITY DISTRICT)
TO C-1 (NEIGHBORHOOD RETAIL).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 12.73 acre site located at the southwest
corner of 51st 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
1.68 acres of “S-1” (Ranch or Farm Residence), 1.07 acres of “S-1 (Approved R1-10
PCD)” (Ranch or Farm Residence, Approved Single-Family Residence District, Planned
Community District), and 9.98 acres of “S-1 (Approved C-1 PCD)” (Ranch or Farm
Residence, Approved Neighborhood Retail, Planned Community District) to “C-1”
(Neighborhood Retail).
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 maximum density for the project shall not exceed 10 dwelling units per gross
acre.
2.
The development shall be in general conformance with the building elevations
date stamped February 3, 2023, as modified by the following stipulations and
approved by the Planning and Development Department.
3.
All required landscape setbacks shall be planted with minimum 50% 2-inch
caliper, and minimum 50% 3-inch caliper large canopy, drought-tolerant trees,
planted 20 feet on center or in equivalent groupings, as approved by the Planning
and Development Department.
4.
The primary vehicular entrance to the development shall include the following
elements, as approved by the Planning and Development Department:
a.
Pedestrian pathways connecting the interior of the development to the public
sidewalks along both sides of the vehicular driveway.
b.
The pedestrian pathways shall be detached from the vehicular driveway and
lined with landscape areas on both sides of not less than 5 feet wide. The
landscape area shall be planted with drought-tolerant plant materials
providing seasonal interest and 75% live cover.
c.
A mix of ornamental trees (no less than 2-inch caliper), shrubs (no less than
five, five-gallon shrubs per tree) and flower beds that will provide a variety of
texture and color throughout the year and 75% live cover, shall be provided
along both sides of the entryway and within a landscaped median of no less
than 5 feet.
d.
The driveway surface shall be constructed of decorative pavers, stamped or
colored concrete, or another material, other than those used to pave the
parking surfaces.
5.
Perimeter walls surrounding the development, along 51st Avenue and Elliot
Road, shall be a minimum of 50% open, as approved by the Planning and
Development Department.
6.
A minimum of 10% of the required shrubs, shall be a milkweed or other native
nectar species, and shall be planted in groups of three or more, as approved by
the Planning and Development Department.
7.
All uncovered surface parking lot areas shall be landscaped with a minimum 2-
inch caliper drought-tolerant shade trees. Landscaping shall be dispersed
throughout the parking area and achieve 25% shade at maturity, as approved
by Planning and Development Department.
8.
The bus stop pad adjacent to the development shall be shaded a minimum of
50% using drought-tolerant shade trees at maturity and/or a shade structure, as
approved by the Planning and Development Department.
9.
A minimum of one pedestrian pathway shall be provided within close proximity
to the intersection of 51st Avenue and Elliot Road, as approved by the Planning
and Development Department.
10.
Where pedestrian walkways cross a vehicular path, the pathway shall be
constructed of decorative pavers, stamped or colored concrete, or other
pavement treatments that visually contrasts parking and drive aisle surfaces.
Vehicular crossings shall be kept to a minimum.
11.
The developer shall provide traffic calming measures at all vehicular points of
ingress and egress to slow vehicles departing the development and crossing the
public sidewalks, as approved by the Planning and Development Department.
12.
A minimum of 30 bicycle parking spaces shall be provided through Inverted U
and/or artistic racks located throughout the site including near the centralized
open space and installed per the requirements of Section 1307.H. of the
Phoenix Zoning Ordinance, as approved by the Planning and Development
Department. Artistic racks shall adhere to the City of Phoenix Preferred Designs
in Appendix K of the Comprehensive Bicycle Master Plan.
13.
The developer shall construct a bus stop pad on southbound 51st Avenue in
accordance with City of Phoenix Standard Detail P1260 with a depth of 10 feet
and located from Elliot Road according to City of Phoenix Standard Detail
P1258, as approved by the Planning and Development Department.
14.
Public sidewalks adjacent to the development shall be shaded a minimum of
75%, 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.
15.
The developer shall construct detached sidewalks along 51st Avenue and Elliot
Road, as required by the Tierra Montana Master Street Plan, as approved by
the Planning and Development Department.
16.
The developer shall dedicate right-of-way and construct improvements along
the south side of Elliot Road as required by the Tierra Montana Master Street
Plan, as approved by the Planning and Development Department.
17.
The developer shall dedicate right-of-way and construct improvements along
the west side of 51st Avenue as required by the Tierra Montana Master Street
Plan, as approved by the Planning and Development Department.
18.
Access control for the site shall follow the approved Tierra Montana Master
Street Plan or as approved by the Street Transportation Department.
19.
The developer shall construct the median along Elliot Road as required by the
Tierra Montana Master Street Plan from 52nd Drive to the western limits of APN
300-02-046R including appropriate tapers, as approved by the Street
Transportation Department.
20.
The developer shall submit a Traffic Impact Statement including a signal
warrant analysis for this development. No preliminary approval of plans shall be
granted until the statement has been reviewed and approved by the city. The
developer shall be responsible for cost and construction of a traffic signal or if a
traffic signal is not warranted upon opening, the developer will be required to
provide 25% contribution toward a traffic signal in an escrow account to the
Street Transportation Department, as required by the approved Traffic Impact
Statement.
21.
The developer shall provide conduit and junction boxes at the southwest corner
of 51st Avenue and Elliott. The plans shall be submitted and approved by the
Street Transportation and Planning and Development Departments.
22.
Existing irrigation facilities along 51st Avenue 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. Relocations that
require additional dedications or land transfer require completion prior to
obtaining plat and/or civil plan review approval.
23.
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.
24.
A qualified historian, architectural historian or cultural resource firm shall
document the history of Barney Ranch within one year of rezoning approval in
accordance with Part IV of the Arizona Reporting Standards for Cultural
Resources, as approved by the Historic Preservation Office.
25.
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.
26.
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.
27.
Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 Waiver of Claims forms. 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.
28.
A minimum of 10% of the gross project area shall be retained as open space, 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 5th day of April, 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 (1 Page)
B – Ordinance Location Map (1 Page)
EXHIBIT A
A portion of land being situated within the Northeast 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:
BEGINNING at a found Maricopa County Highway Department brass cap in hand hole
accepted as the Northeast corner of said Section 17, from which a found Maricopa
County Highway Department brass cap in hand hole accepted as the East Quarter
corner thereof bears South 00°01'50" West, 2630.60 feet;
Thence South 00°01'50" West, 787.54 feet along the east line of said Northeast Quarter
to the northern boundary line of the Final Plat of Tierra Montana-Phase 1- Parcel 11, as
recorded in Book 952, Page 12, records of Maricopa County, Arizona;
Thence North 89°58'21" West, 467.31 feet along said northern boundary line to an
angle point therein;
Thence North 44°23'20" West, 416.73 feet to the easterly boundary line of said Final
Plat;
Thence North 00°02'17" East, 490.64 feet along said easterly boundary line to the north
line of said Northeast Quarter;
Thence South 89°54'56" East, 758.92 feet along said north line to the POINT OF
BEGINNING.
The above described parcel contains a computed area of 554,593 sq. ft. (12.7317
acres) more or less and being subject to any easements, restrictions, rights-of-way of
record or otherwise.