Attachment A - Draft Ordinance - PHO-1-24--Z-19-22-7(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 STIPULATIONS APPLICABLE TO REZONING APPLICATION Z-19-22-7(8) PREVIOUSLY APPROVED BY ORDINANCE G-7023. ____________ 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 39th Avenue and Vineyard Road in a portion of Section 34, Township 1 North, Range 2 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 to the site plan, and open space exhibit AND ELEVATIONS date stamped JUNE 17, 2024 March 17, 2022, and elevations date stamped July 11, 2022, as modified by the following stipulations and approved by the Planning and Development Department. 2. All garage doors shall have decorative embellishments such as windows panels, added materials surrounding the door, and/or trellises, as approved by the Planning and Development Department. 3. The maximum building height shall be 30 feet, except LOTS 4, 9 10, 15, 16, 21, 24, 29, 30, 36, 42, 43, 48, 49, 54, 55, 58, 59, 60 AND 61, AS SHOWN ON THE SITE PLAN DATE STAMPED JUNE 17. 2024, units along the north and east sides of the site shall be limited to a maximum building height of 18 feet, as approved by the Planning and Development Department. 4. The common open space area shall provide a shaded playground element, as approved by the Planning and Development Department. 5. The developer shall provide the option for EV-Ready (wiring for electric vehicle charging) garages and a minimum of 10 EV charging stations. 6. Required landscape setbacks shall be planted with minimum 50-percent 2-inch caliper and 50-percent 3-inch caliper large canopy drought-tolerant trees, 20 feet on center or equivalent groupings, with 5-gallon shrubs per tree, as approved by the Planning and Development Department. 7. Sidewalks along 39th Avenue and Vineyard Road shall be detached with a minimum 5-foot-wide landscaped strip located between the sidewalk and back of curb and planted to the following standards, as approved by the Planning and Development Department. a. Minimum 3-inch caliper, large canopy, single-trunk, shade trees placed to provide a minimum of 75% shade on adjacent sidewalks. b. Drought tolerant shrubs and vegetative groundcovers with a maximum mature height of 24 inches to provide a minimum of 75% live coverage at maturity. c. Where utility conflicts arise, the developer shall work with the Planning and Development on an alternative design solution consistent with a pedestrian environment. 8. The developer shall dedicate a minimum of 30-feet of right-of-way and construct the east side of 39th Avenue, as approved by the Planning and Development Department. 9. The developer shall dedicate a minimum of 30-feet of right-of-way and construct the north side of Vineyard Road, as approved by the Planning and Development Department. 10. The developer shall underground all electrical utilities within the public right-of- way that are impacted by or need to be relocated as part of the project. The developer shall coordinate with affected utility company for their review and permitting. 11. The developer shall underground and relocate any existing irrigation facilities outside of City right-of-way along 39th Avenue. The developer shall contact SRP to identify existing land rights and establish appropriate process to relocate facility. Relocations that require addition dedications or land transfer require completion prior to obtaining plat and/or civil plan review approval. 12. The developer shall make reasonable efforts to work with the Street Transportation Department and neighbors in proximity to the site to identify improvements, including speed bumps, roundabout, and/or similar improvements, for mitigating vehicle speeding on Vineyard Road and 39th Avenue adjacent to the site agreed upon by neighbors, the Street Transportation Department and developer in accordance with the City’s procedures for installing such improvements. 13. The developer shall construct all streets withing and adjacent to the development with paving, cub, 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. 14. A minimum of 6 28 bicycle parking spaces shall be provided through Inverted U and/or artistic racks located near building entrances or amenity areas 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. 15. If determined necessary by the Phoenix Archaeology Office, the applicant shall conduct Phase I date 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. 16. If Phase I date testing is required, and if, upon review of the results from the Phase I date testing, the City Archaeologist, in consultation with a qualified archaeologist, determines such date recovery excavations are necessary, the applicant shall conduct Phase II archaeological date recovery excavations. 17. 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. 18. 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 2. Due to the site’s specific physical conditions and the use district granted pursuant to Ordinance G-7023 this portion of the rezoning is now subject to the stipulations approved pursuant to Ordinance G-7023 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 26th day of August, 2024. ________________________________ 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 LEGAL DESCRIPTION FOR PHO-1-24--Z-19-22-7(8) THE LAND REFERRED TO HEREIN BELOW IN SITUATED IN THE COUNTY OF MARICOPA, STATE OF ARIZONA, AND IS DESCRIBED AS FOLLOWS: PARCEL NO. 1: THE EAST HALF OF THE WEST TWO-THIRDS OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA. PARCEL NO. 2: THE WEST ONE-THIRD OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA; EXCEPT THE WEST 40 FEET THEREOF. PARCEL NO. 3: THE SOUTH 230.00 FEET OF THE EAST ONE-THIRD OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA. PARCEL NO. 4: THE EAST ONE-THIRD OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA. PARCEL NO. 5: THE WEST 40 FEET OF THE WEST ONE-THIRD OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA.