Attachment A - Draft Ordinance - Z-73-22-7.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-73-22-7) FROM S-1 (APPROVED C-1 PCD)
(RANCH OR FARM RESIDENCE, APPROVED NEIGHBORHOOD
RETAIL, PLANNED COMMUNITY DISTRICT), S-1 (APPROVED
R-2 PCD) (RANCH OR FARM RESIDENCE, APPROVED
MULTIFAMILY RESIDENCE DISTRICT, PLANNED COMMUNITY
DISTRICT), AND S-1 (APPROVED R1-8 PCD) (RANCH OR FARM
RESIDENCE, APPROVED SINGLE-FAMILY 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 an 80.49 acre property located approximately
550 feet west of the southwest corner of State Route 202 and Dobbins Road in a
portion of Section 7, Township 1 South, Range 2 East, as described more specifically in
Exhibit “A,” is hereby changed from 4.79 acres of “S-1 (Approved C-1 PCD)” (Ranch or
Farm Residence, Approved Neighborhood Retail, Planned Community District), 16.00
acres of “S-1 (Approved R-2 PCD)” (Ranch or Farm Residence, Approved Multifamily
Residence District, Planned Community District), and 59.70 acres of “S-1 (Approved
R1-8 PCD)” (Ranch or Farm Residence, Approved Single-Family Residence District,
Planned Community 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 Envision Dobbins 202 West 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 January 24, 2023, as modified by the following stipulations.
a.
Front Cover, add “City Council adopted: [Insert Adoption date]”
b.
Update the acreage throughout the Development Narrative to match with
that of the sketch map for rezoning case Z-73-22-7.
c.
Page 5, Section C. (List of Uses), Permitted Uses. Modify this section as
follows:
Revise second bullet point to: “Food and spice manufacturing….”.
d.
Page 5, Section C. (List of Uses), Prohibited Uses. Remove “Publicly
operated buildings or properties” and “Public utility buildings and facilities
when necessary for serving the surrounding territory” from this list.
e.
Pages 5 and 6, Performance Criteria for Distribution Uses. Modify this
section as follows:
Performance Criteria for Distribution and Large-Scale Wholesale*
uses:
For the Phase 1 area, as depicted and legally described in Exhibit
7 - Phasing Plan, distribution and large-scale wholesale uses are
subject to the following criteria:
Distribution and large-scale wholesale facilities as a primary
use shall not be permitted within 500 feet of the property line
along Dobbins Road including within Building A.
No distribution or large-scale wholesale facilities are
permitted as a primary use within Building B for a time
period of 4 years from the date of rezoning approval.
For the Phase 2 area, as depicted and legally described in Exhibit
7 - Phasing Plan, distribution or large-scale wholesale uses are
subject to the following criteria:
No distribution or large-scale wholesale facilities are
permitted as a primary use for a time period of 4 years from
the date of rezoning approval.
After 4 years from the date of rezoning approval, distribution
and large-scale wholesale uses may be permitted as a
primary use up to a maximum of 50% of the total building
area for the Phase 2 area.
After 7 years from the date of rezoning approval, distribution
and large-scale wholesale may be permitted as a primary
use.
*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.
f.
Page 7, Development Standards table, Maximum Building Height. Modify
this section as follows: Maximum 56 feet, except that one building within
the Phase I area may have a maximum height of 85 feet provided that it
meets the following standards:
Does not exceed 15% of the total building area;
Minimum building setback of 700 feet from the centerline of 63rd
Avenue; and
Minimum building setback of 100 feet from all other property lines.
Roof mounted equipment shall be fully screened from the adjacent public
street line of sight.
g.
Page 8, Development Standards table, Electric Vehicle Parking. Modify
this section as follows: Minimum Percentage of Total Parking Spaces with
Level 2 EV Charging Station Installed: 5% of Required Parking. Minimum
Percentage of Total Parking Spaces to be EV-Capable for Level 2 EV
Charging Station: Minimum 15% of Required Parking.
h.
Page 9, Development Standards table, Open Storage Standards. Modify
this section as follows: Any open use or storage area, where permitted,
shall be located no less than 100 feet from a perimeter (street) property
line. Any open use, including loading spaces or docking areas, shall be
fully screened with a minimum 8-foot-tall solid wall where visible from a
public street or residential district.
Where metal gates are provided for vehicular access, minor perforation
may occur to accommodate wind loads. The perforation shall not exceed
50% of the gate surface area.
i.
Page 9, Landscape Standards, General section. Modify as follows: Where
utility conflicts arise, the developer shall work with the Planning and
Development Department on alternative design solutions consistent with a
pedestrian environment.
j.
Page 11, Landscape Standards, Shade section. Modify last bullet point as
follows: Where utility conflicts arise, the developer shall work with the
Planning and Development Department on alternative design solutions
consistent with a pedestrian environment.
k.
Page 13, Site Design/Development section, Third bullet point: Change last
sentence to “Where metal gates are provided for vehicular access, minor
perforation may occur to accommodate wind loads. The perforation shall
not exceed 50% of the gate surface area.”
l.
Page 21, Comparative Development Standards Table. Update this table
as necessary to incorporate any changes to the development standards in
the Development Narrative.
2.
A bus stop pad shall be constructed on eastbound Dobbins Road. Bus stop pad
shall be designed according to City of Phoenix Standard Detail P1260 with a
depth of 10 feet and located from 65th Avenue according to City of Phoenix
Standard Detail P1258.
3.
The developer shall submit a Master Street Plan (MSP), as required by the
Planned Community District (PCD), Section 636 of the Phoenix Zoning
Ordinance, as approved by the Planning and Development and Street
Transportation Department, prior to preliminary site plan approval. The Master
Street Plan shall match dedication requirements and improvements as required
by the surrounding approved Master Streets Plans (Dobbins Industrial Park
(MSP), Laveen Ranch (MSP) and Laveen Center MSP, and as approved by the
Street Transportation Department.
4.
The developer 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 Street Transportation Department. The TIS shall
include signal warrant analysis for 65th Avenue and Dobbins, 63rd Avenue and
Dobbins Road and 63rd Avenue and Olney. If the approved TIS determines that
a signal is warranted at any of these intersection, the developer shall be required
to fund 100% of the cost and construct the signal, if the TIS does not warrant the
signal, the developer shall be required contribute 25% of traffic signal cost in an
escrow account to the Street Transportation Department.
5.
Existing irrigation facilities along public street are to be undergrounded and
relocated outside of City right-of-way. Contact SRP to identify existing land rights
and establish appropriate process to relocate facility. Relocations that require
additional dedications or land transfer require completion prior to obtaining plat
and/or civil plan review approval.
6.
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.
7.
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.
8.
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.
9.
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.
10. 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 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 Northwest quarter of Section 7, 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 3 inch brass cap in hand hole, down 0.5 feet, Stamped 1/4 S6
S7 2020 RLS 54404, accepted as the North quarter corner of said Section 7, from which
a found brass cap, stamped RLS 15919, accepted as the Northwest corner thereof
bears South 89°47’10” West, 2488.78 feet;
Thence South 00°22'32" West, 2643.39 feet along the north-south mid-section line of
said Section 7 to a found rebar with cap RLS 36070, accepted as the Center quarter
corner of said Section 7;
Thence South 89°59'52" West, 1323.68 feet along the east-west mid-section line of said
Section 7 to the intersection with the east line of the property described in Special
Warranty Deed recorded in Document No, 2021-1343433, Records of Maricopa County,
Arizona;
Thence along said east line, North 00°26'37" East, 2638.53 feet to the north line of said
Northwest quarter;
Thence North 89°47'10" East, 1320.59 feet along said north line to the POINT OF
BEGINNING.
The above described parcel contains a computed area of 3,491,566 sq. ft. or (80.1553
gross 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.