Attachment A - Draft Ordinance - PHO-1-20_Z-19-19-6.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-19-19-6 PREVIOUSLY APPROVED BY ORDINANCE G-6623. ____________ 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 51st Street and Taylor Street in a portion of Section 5, Township 1 North, Range 4 East, as described more specifically in Attachment “A”, are hereby modified to read as set forth below. STIPULATIONS: 1. The development shall be in general conformance with the elevations date stamped AUGUST 12, 2020 April 10, 2019, as modified by the following stipulations and approved by the Planning and Development Department. A. ALL ELEVATIONS OF THE BUILDING SHALL CONTAIN ARCHITECTURAL EMBELLISHMENTS AND DETAILING SUCH AS TEXTURAL CHANGES, PILASTERS, OFFSETS, RECESSES, VARIATION IN WINDOW SIZE AND LOCATION, OVERHANG CANOPIES, OR SIMILAR FEATURES. 2. All parking shall be located behind the building, as approved by the Planning and Development Department. 3. Any outdoor storage shall be located behind the building and be screened by a minimum 8-foot high decorative masonry wall, as approved by the Planning and Development Department. 4. One framing inspection for the primary building must be approved prior to the issuance of a permit for any off-premise signage. 5. The development shall utilize the C-2 streetscape landscape standards for planting type, size and quantity along the 51st Street and Taylor Street frontages, as approved by the Planning and Development Department. 6. 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. 7. 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. 8. 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. 9. Recycling services shall be provided on site. SECTION 2. Due to the site’s specific physical conditions and the use district granted pursuant to Ordinance G-6623, this portion of the rezoning is now subject to the stipulations approved pursuant to Ordinance G-6623 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 18th day of November, 2020. ________________________________ MAYOR ATTEST: ____________________________City Clerk APPROVED AS TO FORM: ____________________________City Attorney REVIEWED BY: ____________________________City Manager Exhibits: A - Legal Description (2 Pages) B - Ordinance Location Map (1 Page) EXHIBIT A LEGAL DESCRIPTION FOR PHO-1-20-- Z-19-19-6 That portion of the Southwest Quarter of Section 5, Township 1 North, Range 4 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, being a portion of: Lot 1 through 5, Tract B and those Portions of Lot 6 and Lots 11 through 15, Tracts A-1, C and E, of MIA CASA UNIT I, according to the plat of record in the office of the County Recorder of Maricopa County, Arizona, recorded Book 184 of Maps, Page 31 more particularly described as follows: Beginning at the Southeast corner of said Tract B; Thence North 89 degrees 37 minutes 51 seconds West, 99.08 feet along the South line of said Tract B; Thence along a curve to the right having a radius of 12.00 feet, a distance of 18.80 feet to the West line of said Tract B; Thence North 00 degrees 06 minutes 54 seconds East, 160.64 feet along said West line of Tract B and the West line of said Lots 1 through 5, Tract C and Lot 6; Thence departing said West line of Lot 6, South 89 degrees 53 minutes 06 seconds East, 79.00 feet; Thence South 49 degrees 33 minutes 12 seconds East, 208.03 feet; Thence south 00 degrees 22 minutes 09 seconds West, 39.00 feet to the South line of said Tract E; Thence North 89 degrees 37 minutes 51 seconds West, 126.39 feet along said south line of Tract E and the South line of said Tract A-1 to the Point of Beginning.