Attachment A - Draft Ordinance - PHO-1-20_Z-14-09-7.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 STIPULATIONS APPLICABLE TO REZONING APPLICATION Z-14-09-7 PREVIOUSLY APPROVED BY ORDINANCE G-5403. ____________ BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as follows: SECTION 1. The zoning stipulations applicable located at the northeast corner of 99th Avenue and Southern Avenue in a portion of Section 28, Township 1 North, Range 1 East, as described more specifically in Attachment “A”, are hereby modified to read as set forth below. STIPULATIONS: 1. That The development shall be in general conformance with the site plan date stamped SEPTEMBER 28, 2020 March 24, 2009, with specific regard to the following, as MODIFIED BY THE FOLLOWING STIPULATIONS AND approved by the PLANNING AND Development Services Department: a. perimeter landscape tracts b. interior landscape tracts c. covered playground equipment in landscape tract 6 d. covered ramadas in landscape tract 6 e open grass areas in landscape tracts 1, 6, and 7 2. THE DEVELOPMENT SHALL BE IN GENERAL CONFORMANCE WITH THE ELEVATIONS DATE STAMPED SEPTEMBER 28, 2020, AS APPROVED BY THE PLANNING AND DEVELOPMENT DEPARTMENT. 3. 2. That The development shall include detached sidewalks with a minimum five-foot wide landscaped area situated between the sidewalk and back of curb. The landscape area shall include a minimum of two-inch caliper shade trees placed 20 feet on center exclusive of driveway/roadway crossings, as approved by THE PLANNING AND Development Services Department. 4. 3. That A total of six (6) benches a minimum four-foot in length shall be located in the common open space areas, as approved by the PLANNING AND Development Services Department. 5. 4. That The interior REAR walls OF INTERIOR LOTS directly abutting OPEN SPACES landscape tract six shall consist of a four-foot block wall with two-foot view fencing, as approved by the PLANNING AND Development Services Department. 5. That the maximum number of residential units shall not exceed 126. 6. That In the event archaeological material is 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. 7. That right-of-way totaling 55 feet shall be dedicated for the north half of Southern Avenue. Roadway geometry shall be reviewed and approved by the Street Transportation Department. Additional or less right-of-way may be required upon final design, as approved by the Development Services Department. 7. 8. That Right-of-way totaling 55 feet shall be dedicated for the east half of 99th Avenue, as approved the PLANNING AND Development Services Department. 8. 9. That A 25-foot by 25-foot right-of-way triangle shall be dedicated at the northeast corner of 99th Avenue and Southern Avenue, as approved by the PLANNING AND Development Services Department. 9. 10. That 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 Services Department. All improvements shall comply with the ADA accessibility standards. 10. 11. That The applicant shall complete and submit the Developer Project Information Form for the MAG Transportation Improvement Program to the Street Transportation Department. This form is a requirement of the EPA to meet clean air quality requirements. 11. 12. That the conceptual elevations shall be approved by the Planning Hearing Officer through the public hearing process prior to Development Services Department final site plan approval. This review is for conceptual purposes only. Specific development standards and requirements will be determined by the Development Services Department. 12. PRIOR TO PRELIMINARY 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-5403, this portion of the rezoning is now subject to the stipulations approved pursuant to Ordinance G-5403 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 16th day of December, 2020. ________________________________ MAYOR ATTEST: ____________________________City Clerk APPROVED AS TO FORM: ____________________________City Attorney REVIEWED BY: ____________________________City Manager Exhibits: A - Legal Description (1 Page) B - Ordinance Location Map (1 Page) EXHIBIT A LEGAL DESCRIPTION FOR PHO-1-20-- Z-14-09-7 The southwest quarter of the southwest quarter of Section 28, Township 1 North, Range 1 East of the Gila and Salt River base and meridian, Maricopa County, Arizona; Except the west 33 feet thereof.