Attachment A - Draft Ordinance - Z-76-23-8.pdf

City of Phoenix — Formal (2024-07-01)

Extracted text (via pymupdf) 15533 characters

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 (Z-76-23-8) FROM S-1 (RANCH OR FARM RESIDENCE)
TO R1-18 (SINGLE-FAMILY RESIDENCE DISTRICT).
____________

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 25.71-acre site located at the northeast
corner of 23rd Avenue and Dobbins Road in a portion of Section 1, Township 1 South,
Range 2 East, as described more specifically in Exhibit “A,” is hereby changed from “S-
1” (Ranch or Farm Residence) to “R1-18” (Single-Family Residence District).
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.
The development shall be in general conformance with the site plan date
stamped April 22, 2024, as modified by the following stipulations and
approved by the Planning and Development Department with specific regard
to the following:

a.
The development shall be limited to a maximum of 58 lots.

b.
Lots 1-17 and 20-32 shall be a minimum of 70 feet in width. All other lots
shall be a minimum of 65 feet in width.

c.
Lot 22 shall be a minimum of 40 feet from the eastern perimeter property
line.

d.
Lots 15 and 16 shall be a minimum of 60 feet from the eastern perimeter
property line.

e.
Lots 53 through 58 shall be limited to one-story or 25 feet.

2.
All landscape setbacks shall be planted with minimum 2-inch caliper, large
canopy, drought-tolerant trees, 20 feet on center, or in equivalent groupings,
with five 5-gallon shrubs per tree, as approved by the Planning and
Development Department. Where utility conflicts exist, the developer shall work
with the Planning and Development Department on alternative design solutions
consistent with a pedestrian environment for installing the required plants.

3.
A minimum of 10% of the required shrubs, shall be a milkweed or other native
nectar species, and shall be planted in groups of three or more, as approved by
the Planning and Development Department.

4.
All lots in the development shall be subject to Single-Family Design Review.

5.
Building elevations shall contain multiple colors, exterior accent materials and
textural changes that exhibit quality and durability such as brick, stone, colored
textured concrete or stucco, or other materials to provide a decorative and
aesthetic treatment, as approved by the Planning and Development
Department.

6.
Fences and walls shall be in general conformance with the wall plan (wall
elevations) date stamped April 22, 2024, as modified by the following
stipulations, and approved by the Planning and Development Department:

a.
Perimeter fencing shall be a minimum of 75% view fencing, except on
Lots 23 through 32.

b.
Perimeter walls bounding the rear or side yard property lines of
residential lots along 23rd Avenue and Dobbins Road shall include
minimum three-foot offsets, and material and textural differences, such
as stucco, and/or split face or slump block or a decorative element, such
as tile or stamped designs, as approved by the Planning and
Development Department.

7.
A landscaped median of no less than 5 feet in width shall be provided within
the primary access drive to the development and landscaped with a mix of
ornamental trees and shrubs, as approved by the Planning and Development
Department.

8.
Only landscape materials listed in the Phoenix Active Management Area Low-
Water-Use/Drought-Tolerant Plant List shall be utilized throughout the
subdivision including common areas and front yards of individual residential
lots. This restriction shall be included in the Covenants, Conditions, and
Restrictions for the subdivision.

9.
A minimum of two green infrastructure (GI) techniques for stormwater
management shall be implemented per the Greater Phoenix Metro Green
Infrastructure and Low-Impact Development Details for Alternative Stormwater
Management, as approved or modified by the Planning and Development
Department.

10.
All sidewalks along 23rd Avenue shall be a minimum of 5 feet in width and
detached with a minimum 5-foot-wide landscape strip located between the
sidewalk and back of curb and planted with minimum 2-inch caliper, single-
trunk, large canopy, drought-tolerant, shade trees planted 20 feet on center, or
in equivalent groupings, that provide shade to a minimum 50%, as approved by
the Planning and Development Department.

Where utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions consistent with a
pedestrian environment for installing the required plants.

11.
All sidewalks along Dobbins Road shall be a minimum of 5 feet in width and
detached with a minimum 8-foot-wide landscape 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 2-inch caliper, single-trunk, large canopy, drought-tolerant,
shade trees planted 20 feet on center, or in equivalent groupings, that
provide shade to a minimum 50%.

b.
Drought tolerant vegetation to achieve a minimum of 75% live coverage.

12.
All sidewalks within the development shall be detached with a minimum 5-foot
wide landscape strip located between the sidewalk and back of curb and shall
include minimum 2-inch caliper, single trunk, shade trees planted at a minimum
rate of two trees per lot, or a minimum of 20 feet on center, or equivalent
groupings, as modified and approved by the Planning and Development
Department. Where utility conflicts exist, the developer shall work with the
Planning and Development Department on alternative design solutions
consistent with a pedestrian environment.

13.
A 30-foot-wide multi-use trail easement (MUTE) shall be dedicated along the
east side of 23rd Avenue, along the west side of the property. A minimum 10-
foot-wide multi-use trail (MUT) shall be constructed within the easement in
accordance with the MAG supplemental detail and as approved or modified by
the Planning and Development Department.

14.
A 30-foot-wide multi-use trail easement (MUTE) shall be dedicated along the
north side of Dobbins Road, along the south side of the property. A minimum
10-foot-wide multi-use trail (MUT) shall be constructed within the easement in
accordance with the MAG supplemental detail and as approved or modified by
the Planning and Development Department.

15.
A minimum 45 feet of right-of-way shall be dedicated for the north side of
Dobbins Road, to be measured from the existing southern property line,
adjacent to the development.

16.
A minimum 30 feet of right-of-way shall be dedicated for the east side of 23rd
Avenue, adjacent to the development.

17.
A pedestrian pathway shall be provided on the southern and western site
boundary to allow for direct pedestrian access to the adjacent multi-use trails.
The developer shall construct an 8-foot-wide shaded pedestrian pathway
consisting of decorative material such as brick, pavers or alternative material
treatment, as approved by the Planning and Development Department.

18.
The developer shall submit an engineer sealed Sight Visibility Analysis in
accordance with AASHTO guidelines for departure sight distance at the
proposed access points along Dobbins Road to the City. No preliminary
approval of plans shall be granted until the study has been reviewed and
proposed access is approved by the Street Transportation Department.

19.
A Traffic Impact Study (TIS) shall be submitted 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 23rd Avenue and Dobbins Road. If the approved TIS
determines that a signal is warranted at this 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. If the
signal is installed by others, the development shall be responsible for 100% of
the cost for signal relocation and/or modifications.

20.
Conduit and junction boxes shall be provided at the northeast corner of the
23rd Avenue and Dobbins Road intersection for future traffic signal equipment.

21.
All existing electrical utilities within the public right-of-way shall be
undergrounded, adjacent to the development. The developer shall coordinate
with the affected utility companies for their review and permitting.

22.
Existing SRP facilities along Dobbins Road are to be relocated outside of City
right-of-way. Contact SRP to identify existing land rights and establish the
appropriate process to relocate the facility. Relocations that require additional
dedications or land transfer require completion prior to obtaining plat and/or
civil plan review approval.

23.
Replace unused driveways with sidewalk, curb, and gutter. Also, replace any
broken or out-of-grade curb, gutter, sidewalk, and curb ramps on all streets and
upgrade all off-site improvements to be in compliance with current ADA
guidelines.

24.
All streets within and adjacent to the development shall be constructed 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.

25.
The property owner shall record documents that disclose the existence, and
operational characteristics of Phoenix Sky Harbor Airport to future owners or
tenants of the property. The form and content of such documents shall be
according to the templates and instructions provided which have been
reviewed and approved by the City Attorney.

26.
In the event archeological 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 Archeologist, and allow time for the
Archeology Office to properly assess the materials.

27.
Prior to final site plan approval, the property owner shall record documents that
disclose to purchasers of property within the development the existence and

operational characteristics of agricultural uses. These documents must advise
purchasers that, under Section 3-112(E), Arizona Revised Statutes, the City of
Phoenix may not declare an agricultural operation conducted on farmland to be
a nuisance if the agricultural use is lawful, customary, reasonable, safe and
necessary to the agriculture industry. The form and content of such documents
shall be reviewed and approved by the City prior to recordation.

28.
Prior to final site plan approval, the property owner shall record documents that
disclose to purchasers of property within the development the existence and
operational characteristics of the Phoenix Regional Police Academy gun range.
The form and content of such documents shall be reviewed by the City prior to
recordation.

29.
Prior to final site plan approval, the landowner shall execute a Proposition 207
Waiver of Claims forms. 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.

30.
The conceptual elevations and landscape plan for future development of the
site shall be reviewed and approved by the Planning Hearing Officer through
the public hearing process, including review by the South Mountain Village
Planning Committee, for stipulation modification prior to final site plan approval.
This is a legislative review for conceptual purposes only. Specific development
standards and requirements will be determined by the Planning Hearing Officer
and the Planning and Development Department.

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 1st day of July, 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 Z-76-23-8

A PORTION OF LAND LYING WITHIN THE SOUTHEAST QUARTER OF SECTION 1,
TOWNSHIP 1 SOUTH, RANGE 2 EAST, OF THE GILA AND SALT RIVER MERIDIAN,
MARICOPA COUNTY, ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:

BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION,
MONUMENTED BY A MARICOPA COUNTY BRASS CAP IN POTHOLE, WHICH LIES
AS A BASIS OF BEARING, SOUTH 89
DEGREES 40 MINUTES 07 SECONDS WEST, 2617.93 FEET FROM THE
SOUTHEAST CORNER OF SAID SECTION, MONUMENTED BY A MARICOPA
COUNTY ALUMINUM CAP IN POTHOLE;

THENCE ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, NORTH 00
DEGREES 47 MINUTES 48 SECONDS EAST, 920.31 FEET;

THENCE DEPARTING SAID WEST LINE, NORTH 89 DEGREES 39 MINUTES 55
SECONDS EAST, 1311.46 FEET TO THE EAST LINE OF SAID SOUTHEAST
QUARTER;

THENCE ALONG SAID EAST LINE, SOUTH 00 DEGREES 57 MINUTES 06
SECONDS WEST, 511.33
FEET;

THENCE DEPARTING SAID EAST LINE AND PARALLEL WITH THE SOUTH LINE OF
SAID SOUTHEAST QUARTER, SOUTH 89 DEGREES 40 MINUTES 07 SECONDS
WEST, 178.04 FEET;

THENCE SOUTH 00 DEGREES 57 MINUTES 06 SECONDS WEST, 409.10 FEET TO
THE SOUTH LINE OF SAID SOUTHEAST QUARTER;

THENCE ALONG SAID SOUTH LINE, SOUTH 89 DEGREES 40 MINUTES 07
SECONDS WEST, 1130.92 FEET TO THE POINT OF BEGINNING.

SAID PORTION OF LAND CONTAINING 1,132,794 SQUARE FEET, OR 26.0054
ACRES, MORE OR LESS, AND BEING SUBJECT TO ANY EASEMENTS,
RESTRICTIONS, AND/OR RIGHTS-OF-WAYS OF RECORD OR OTHERWISE.

THIS DESCRIPTION SHOWN HEREON IS NOT TO BE USED TO VIOLATE
SUBDIVISION REGULATIONS OF THE STATE, COUNTY AND/OR MUNICIPALITY,
OR ANY OTHER LAND DIVISION RESTRICTIONS.