Attachment A - Draft Ordinance - Z-31-19-1.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 ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ORDINANCE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN
(CASE Z-31-19-1) FROM R1-18 (SINGLE-FAMILY RESIDENCE
DISTRICT), R-3A (MULTIFAMILY RESIDENCE DISTRICT), AND
C-2 (INTERMEDIATE COMMERCIAL DISTRICT) TO R1-6
(SINGLE-FAMILY RESIDENCE DISTRICT) AND 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 138.28-acre site located at the southwest
corner of I-17 and Dixileta Drive in a portion of Section 26, Township 5 North, Range 2
East, as described more specifically in Exhibit “A”, is hereby changed from 118.41 acres
of “R1-18” (Single-Family Residence District), 1.41 acres of “R-3A” (Multifamily
Residence District), and 18.46 acres of “C-2” (Intermediate Commercial District) to
19.87 acres of “R1-6” (Single-Family Residence District) and 118.41 acres of “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.
Prior to the issuance of Final Site Plan Approval, the owner shall convey 118 acres
(or an area mutually agreed by the city and the owner) of hillside land selected by the
City of Phoenix and located in the area as depicted as Tract A of the final plat, to the
City of Phoenix for use as a City of Phoenix desert park and/or mountain preserve.
2.
The conceptual elevations shall be administratively approved by the Planning Hearing
Officer prior to single-family design review diversity exhibit approval with specific
regard to the inclusion of the below elements. This review is for conceptual purposes
only. Specific development standards and requirements will be determined by the
Planning and Development Department.
a. Building materials and colors shall express a desert character and shall blend
with, rather than strongly contrast with the desert environment.
b. All elevations of the homes shall contain three of the following architectural
embellishments and detailing: textural changes, pilasters, offsets, recesses,
variation in window size or location, overhang canopies, or similar features.
c.
Covered porches a minimum of 60 square feet in area at a depth of at least
six feet, courtyard areas with low surrounding walls a minimum of 60 square
feet in area, or homes with livable space a minimum of 3 feet in front of the
front line of the garage, shall be provided in the front façades of a minimum
of 50 percent of the elevations offered within the subdivision.
d. Decorative garage treatments, including but not limited to, windows, raised
or recessed panels, architectural trim, and/or single garage doors.
3.
The maximum building square footage per home is 3,600 square feet.
4.
All landscape plant material shall comply with the approved plant species list in
Appendix A of the North Black Canyon Overlay District, as approved by the
Planning and Development Department.
5.
A minimum of 20 percent of the gross project area shall be retained as open space,
exclusive of landscape setbacks, washes and hillside preserve area, with a
minimum of 5 percent improved as active/useable open space and centrally located
within the subdivision, as approved by the Planning and Development Department.
6.
Interior walls and privacy fencing, excluding walls located between lots, shall be
integral in color or painted to blend with the natural desert environment, as
approved by the Planning and Development Department.
7.
A minimum building setback of 120 feet for residential structures shall be required
along the ADOT frontage road right-of-way, as approved by the Planning and
Development Department.
8.
Perimeter walls shall incorporate stone veneer, stonework, varying types of CMU
block, or faux stone, as approved by the Planning and Development Department.
9.
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 Department. All improvements shall comply with all ADA accessibility
standards.
10. Right-of-way totaling 70 feet shall be dedicated for the south half of Dixileta Drive.
Frontage of the site plan extending west of the access roadway may be reserved as
a right-of-way easement in lieu of dedication, at the discretion and approval of the
Street Transportation Department. Construction of Dixileta Drive is required with the
initial phase of development, as approved by the Planning and Development
Department.
11. Right-of-way totaling 208 feet shall be dedicated for the west half of Interstate 17
(178 feet existing and 30 feet new) for the frontage road, as approved by the
Planning and Development Department.
12. The applicant shall complete and submit the Developer Project Information Form for
the MAG Transportation Improvement Program to the Street Transportation
Department.
13. 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.
14. 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.
15. 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.
16. The developer shall record a Notice to Prospective Purchasers of Proximity to
Airport in order to disclose the existence and operational characteristics of Phoenix
Deer Valley Airport (DVT) to future owners or tenants of the property as approved
by the Aviation Department.
17. The developer shall provide documentation to the City prior to final site plan
approval that Form 7460-1 has been filed for the development and that the
development received a “No Hazard Determination” from the FAA. If temporary
equipment used during construction exceeds the height of the FAA and a “NO
Hazard Determination” obtained prior to the construction start date.
18. 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 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 24th day of June 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 Z-31-19-1
That part of the West Half of Section 26, Township 5 North, Range 2 East of the Gila
and Salt River Meridian, Maricopa County, Arizona, more particularly described as
follows:
Beginning at the Maricopa County Department of Transportation Aluminum Cap
stamped LS#29891 marking the Northwest Corner of said Section 26, from which the
Brass Cap in hand hole marking the North Quarter Corner of said Section 26 bears
North 89°41'20'' East, a distance of 2,651.71 feet;
Thence North 89°41'20'' East, along the North line of the Northwest Quarter of said
Section 26, a distance of 1,863.60 feet to a point on the Westerly right-of-way line of
Interstate 17;
Thence along said Westerly right-of-way line of Interstate 17 the following courses:
Thence South 00°16'47” East, a distance of 120.06 feet;
Thence South 83°22'04” East, a distance of 318.13 feet;
Thence South 47°14'48” East, a distance of 13.69 feet;
Thence South 16°19'44” East, a distance of 738.28 feet;
Thence South 89°41'20” West, departing said Westerly right-of-way line, a distance of
851.08 feet;
Thence South 40°33'28” East, a distance of 746.19 feet;
Thence South 01°42'59” East, a distance of 363.68 feet;
Thence South 48°29'19” West, a distance of 834.59 feet;
Thence South 25°33'53” West, a distance of 933.52 feet;
Thence South 39°49'17” West, a distance of 500.27 feet;
Thence South 81°46'08” West, a distance of 295.31 feet;
Thence North 68°09'56” West, a distance of 423.73 feet to a point on the West line of
the Southwest Quarter of said Section 26;
Thence North 00°03'04” West, along said West line, a distance of 817.74 feet to the
Maricopa County Department of Transportation Aluminum Cap stamped LS#29891
marking the West Quarter of said Section 26;
Thence North 00°10'46” West, along the West line of the Northwest Quarter of said
Section 26, a distance of 2645.98 feet to the Point of Beginning.
Containing 5,980,986 Square Feet or 137.305 Acres, more or less.