Attachment A - PHO Ordinance - PHO-2-26--Z-101-07-5.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 STIPULATIONS APPLICABLE TO REZONING APPLICATION Z-101-07-5 PREVIOUSLY APPROVED BY ORDINANCE G-6369. ____________ BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as follows: SECTION 1. The zoning stipulations applicable to the site located at approximately 345 feet east of the northeast conrer of 75th Avenue and Weldon Avenue in a portion of Section 25, Township 2 North, Range 1 East, as described more specifically in Exhibit A and depicted in Exhibit B, are hereby modified to read as set forth below. STIPULATIONS: 1. THE development shall be in general conformance WITH to the site plan date stamped JULY 28, 2026 August 17, 2007, and September 6, 2017, with regard to building locations, security cameras, and cross access as approved and/or modified by the AS MODIFIED BY THE FOLLOWING STIPULATIONS AND APPROVED BY THE Planning and Development Department. 2. That THE development shall be in general conformance to the elevationS plan date stamped JULY 28, 2026 July 23, 2007, and June 30, 2017, as approved and/or modified by the Planning and Development Department. 3. That the entire site shall be developed with a similar theme. The theme shall assure that the buildings/canopy colors elevation, exterior materials, landscaping, lighting, and signage convey a sense of continuity throughout the development as approved by the Planning and Development Department. SIGNAGE 3. That Any ground sign shall be monument style and not exceed twelve feet in 4. height as approved and/or modified by the Planning and Development Department. ARCHAELOLOGY 4. That If any archaeological materials are encountered during construction all 5. ground disturbing activities must cease within 33 feet of the discovery and the city of Phoenix Archaeology Office must be notified immediately and allowed time to properly assess the materials. PHASING 5. That All required street improvements including curb, gutter, sidewalk and ram 6. shall be completed in the first phase of development. RIGHT-OF-WAY IMPROVEMENTS 7. That right-of-way totaling 50 feet shall be dedicated for the east half of 75th Avenue unless otherwise approved (sidewalk easement) by the Planning and Development Department. 8. That the developer shall construct an off-set sidewalk on 75th Avenue and a new curb ramp at the intersection of Weldon Avenue and 75th Avenue as per plans approved by the city. All improvements shall comply with all ADA accessibility standards. 6. PRIOR TO FINAL SITE PLAN APPROVAL, THE LANDOWNER SHALL EXECUTE A PROPOSITION 207 WAIVER OF CLAIMS IN A FORM APPROVED BY THE CITY ATTORNEY'S OFFICE. 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 2. Due to the site’s specific physical conditions and the use district granted pursuant to Ordinance G-6369, this portion of the rezoning is now subject to the stipulations approved pursuant to Ordinance G-6369 and as modified in Section 1 of this Ordinance. Any violation of the stipulation is a violation of the City of Phoenix Zoning Ordinance. Building permits shall not be issued for the subject site until all the stipulations have been met. SECTION 3. 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 21st day of October, 2026. ________________________________ MAYOR ________________________________ Date ATTEST: _________________________ Denise Archibald, City Clerk APPROVED AS TO FORM: Julie M. Kriegh, City Attorney By: _________________________ _________________________ REVIEWED BY: _________________________ Ed Zuercher, City Manager Exhibits: A - Legal Description (1 Page) B - Ordinance Location Map (1 Page) EXHIBIT A LEGAL DESCRIPTION FOR PHO-2-26—Z-101-07-5 The Land referred to herein below is situated in the County of Maricopa, State of Arizona, and is described as follows: Exhibit A – LEGAL DESCRIPTION Lot 2, QUIKTRIP #481, according to the plat of record in Book 995 of Maps, page 27, records of Maricopa County, Arizona. Except the following described property; BEGINNING at the Northeast corner of Lot 1 of said plat; Thence along the North line of said Lot 2, North 88 degrees 46 minutes 19 seconds East 17.00 feet East of and parallel with the East line of said Lot 1; Thence along said parallel line, South 00 degrees 45 minutes 43 seconds East 316.64 feet; Thence South 89 degrees 12 minutes 37 seconds West 17.00 feet to the Southeast corner of said Lot 1; Thence along the East line of said Lot 1, North 00 degrees 45 minutes 43 seconds West 316.51 feet to the Northeast corner of said Lot 1, said point being the POINT OF BEGINNING. S/T/R 25 / 2N / 1E Q/S 16-11