Attachment A - Draft Ordinance - Z-51-19-4.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-51-19-4) FROM R-5 M-R (MULTIFAMILY RESIDENCE
DISTRICT, MID-RISE DISTRICT) TO PUD (PLANNED UNIT
DEVELOPMENT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 2.94-acre site located at the northeast corner
of 7th Street and Thomas Road in a portion of Section 28, Township 2 North, Range 3
East, as described more specifically in Exhibit “A”, is hereby changed from “R-5 M-R”
(Multifamily Residence District, Mid-Rise District) to “PUD” (Planned Unit Development
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.
An updated Development Narrative for the Phoenix Country Club Residences
PUD reflecting the changes approved through this request shall be submitted to
the Planning and Development Department within 30 days of City Council
approval of this request. The updated Development Narrative shall be
consistent with the Development Narrative date stamped January 28, 2020, as
modified by the following stipulations:
a.
Front Cover: Revise the submittal date information on the bottom to add
the following: City Council adopted: [Add adoption date].
b.
Page 8, Development Standards Table, Minimum Building Setbacks:
Modify verbiage for setback encroachments to read “Where ground level
retail uses are present, setbacks may be decreased up to 12 feet for
outdoor seating, patio dining and outdoor commercial sales when
utilizing patio, storefront, gallery, arcade or forecourt frontage types by
securing a use permit.”
c.
Page 8, Development Standards Table, Minimum Landscape Setbacks:
Add “Where ground level commercial uses are present, setbacks may be
decreased up to 12 feet for outdoor seating, patio dining and outdoor
retail sales when utilizing patio, storefront, gallery, arcade or forecourt
frontage types by securing a use permit.”
d.
Page 9, Development Standards Table, Shade: Update provision to
include minimum of 75 percent shade on both public sidewalks and
pedestrian walkways.
e.
Page 9, Development Standards Table, Building Entrances: Add “A
minimum of two building entrances shall be provided, one on 7th Street
and one on Thomas Road” at the beginning of this subsection.
f.
Page 9, Development Standards Table, Building Entrances: Update
code section reference for pedestrian residences to Section 1305.B.3.a.
of the Phoenix Zoning Ordinance.
g.
Page 9, Development Standards Table, Building Entrances: Update
commercial frontage guidelines to read “In the event ground floor retail or
commercial uses are proposed on either Thomas Road or 7th Street
frontages, the length of the commercial frontage shall comply with the
Patio, Storefront, Gallery, Arcade of Forecourt frontage type standards in
Table 1305.1 of the Phoenix Zoning Ordinance except for encroachment
dimensions and wall standards which shall be governed by the setback
and wall/fence provisions contained within the PUD.”
h.
Page 9, Development Standards Table: Add a subsection for
Streetscape Amenities as follows:
Streetscape Amenities
The streetscape landscape
setback areas adjacent to 7th
Street and Thomas Road shall
provide at least one public art
element and one seating area per
street.
i.
Page 9, Development Standards Table: Add a subsection for Surface
Parking Lot Standards as follows:
Surface Parking Lot
Any surface parking lot area shall
be located beyond the landscape
setback area. Surface parking
areas, not behind a building, shall
not exceed 25 percent of any
street frontage.
j.
Page 9, Landscape: Remove reference to conformance with Section
701.D.4.
k.
Page 10, Landscape Standards Table, Surface Parking Lot: Update
second paragraph to read “Shade coverage shall be a minimum of 25
percent coverage overall.”
l.
Page 10, Landscape Standards Table, Adjacent to Buildings: Update
subsection to read “Landscape areas within 5 feet of the building along
7th Street and Thomas Road frontages shall be provided with foundation
plantings containing 75 percent living vegetation ground cover.”
m.
Page 10, Fences/Walls, Parking Screening Wall: Update subsection to
read “Vehicles shall be screened by a minimum 3-foot-tall visual screen
for all parking areas visible from a public street. Any fencing in excess of
3 feet shall be open fencing up to a maximum of 6 feet in height.”
n.
Page 10, Fences/Walls, Perimeter Wall: Update subsection to read
“Except for parking screen walls and/or commercial frontage standard
requirements, no fences or walls shall be placed between the streets
(7th Street, Thomas Road) and any building.”
o.
Page 11, Design Guidelines, 2nd paragraph: Update last sentence to
read “The following list details the Project’s design features which will
ensure the Project adds value to the surrounding residences,
businesses, and individuals passing through the well-traveled
intersection.”
p.
Pages 11 and 12, Design Guidelines: Reorder the general design
guidelines section into the following categories and associated
provisions:
Streetscape and Site Access
Rebuild and widen existing 7th Street and Thomas Road
sidewalks to 6-foot width, detached from the curb, where not in
conflict with underground or above ground utilities, along the limits
of proposed development.
Maintain all existing interior drives off Thomas Road and 7th
Street that connect to PCC and private neighborhood streets.
Landscape
Create generous landscaping along Thomas Road and 7th Street
with continuous double row of Live Oak, or similar species theme
tree to shade both sides of the sidewalk.
Alternate massings of low-water use, flowering shrubs and
succulents along streets that create strong identify and visual
interest.
Integrate planters into the building’s parking structure for
cascading plants down the face of the garage.
Enhance hardscape, outdoor seating and any water feature and
specimen planting along drop off and front door to the building.
Maintain and enhance the existing palm-tree-lined drive between
the PCC and the new residences.
Maintain all landscaping by private association.
Surface Parking Lot Design
Implement new design for the PCC surface parking lot that
includes better circulation, egress, and abundant evergreen shade
trees.
Install bio swales which help drain surface water into parking lot
planter islands, as approved by the Planning and Development
Department.
Screen guest parking spaces for residences with dense
vegetation and wall screening consistent with Fence/Wall
Development Standards.
Building Amenities
Provide rooftop amenity deck on parking garage for building
residents, with pool area, gardens and activity areas that look out
over city and mountain views.
Provide private dog park for resident use, taking responsibility off
surrounding streets and existing residential. Any fencing or screen
walls for the dog park shall follow the Fence/Wall development
standards and accent adjacent building materials to appear as an
integrated part of the larger building design.
q.
Page 12, Design Guidelines, Building Façade: Add the following
guidelines to this section:
Provide street-level parking garage building façade, landscape,
and hardscape to create a safer, more pleasant and livelier
streetscape for passing pedestrian traffic.
The corner of the building at 7th Street and Thomas Road shall be
designed with distinctive massing, angled or rounded building
corners or additional building articulation that emphasizes the
corner and promotes activity. This area can include project
identity signage and/or public art.
r.
Page 11, Design Guidelines: Add the following as a subsection to the
design guidelines:
Building Architecture
The residential tower and podium design shall utilize a single,
cohesive architectural style that is contextually appropriate for the
area in form and materiality.
Appropriate architectural styles include neoclassical, mid-century
modern, modern, art deco, and spanish revival. Representative
imagery of acceptable architecture is depicted in Exhibit 7.
Inappropriate architectural styles include contemporary, high-tech,
and postmodern as depicted in Exhibit 8.
s.
Pages 12 and 13, Design Guidelines: Remove images on these pages.
t.
Add the “Acceptable Architectural Styles Representative Imagery” and
the “Unacceptable Architectural Styles Representative Imagery” date
stamped March 5, 2020 as Exhibits 7 and 8.
u.
Page 12, Design Guidelines, Glazing: Revise the last bullet point to read
“Shade elements and glazing screening beyond fritting shall be done
utilizing metal louvers or shade elements. Shade for glazing screening
beyond fritting shall be done utilizing metal louvers or passive solar
shading elements.”
v.
Page 13, Design Guidelines, Building Envelope Cladding Materials:
Revise bullet point three to read “Colors on metal panels shall be integral
to the panel or a finish that will resist weathering and/or fading. Painted
finish natural metals may also be used similar to copper, zinc, stainless
steel or natural aluminum. The use of highly reflective metal panels is not
allowed.”
w.
Page 13, Design Guidelines, Building Envelope Cladding Materials: Add
an additional bullet point that reads “Brick/CMU – Brick/Concrete
Masonry Units are allowed.”
2.
The existing driveway to Thomas Road shall be reconstructed to a P-1243
standards driveway to restrict access to right-in/right-out movements only, as
approved by the Planning and Development Department. An alternative
driveway design or access movements may be permitted subject to an
engineering analysis submitted to and approved by the Street Transportation
Department.
3.
The developer shall remove the gate at the existing driveway to Thomas Road
or provide a turnaround consistent with the City of Phoenix’s Gate Access
Control Policy, as approved by the Planning and Development Department.
4.
The developer shall remove any unused driveways, as approved by the
Planning and Development Department.
5.
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.
6.
The developer shall dedicate right-of-way and construct a bus bay (City of
Phoenix Standard Detail P1256) and bus pad with a minimum depth of 14 feet
(City of Phoenix Standard Detail P1261) along northbound 7th Street, north of
Thomas Road. The bus stop pad and bay shall be placed from the intersection
of 7th Street and Thomas Road according to City of Phoenix Standard Detail
P1258, as approved by the Public Transit Department.
7.
The property owner shall record a Notice to Prospective Purchasers of
Proximity to Airport in order to disclose the existence, and operational
characteristics of Phoenix Sky Harbor International Airport (PHX) 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 viewed and approved by the City Attorney.
8.
The developer shall provide documentation to the City prior to construction
permit 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
permanent structure a separate Form 7460-1 shall be submitted to the FAA
and a “No Hazard Determination” obtained prior to the construction start date.
9.
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.
10.
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 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 18th day of March,
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 Z-51-19-4
A portion of Lot 52, Country Club Place, recorded in Book 9, page 24, Maricopa County
Records (M.C.R.), and a portion of Section 28, all lying within Section 28, Township 2
North, Range 3 East, of the Gila and Salt River Meridian, Maricopa County, Arizona, more
particularly described as follows:
COMMENCING at the southwest corner of said Section 28, a 3-inch City of Phoenix brass
cap in handhole, from which the south quarter corner of said section, a 3-inch City of
Phoenix brass cap in handhole, bears South 89°57'07'' East (basis of bearing), a distance
of 2658.38 feet;
THENCE along the south line of said section, South 89°57'07'' East, a distance of 75.12
feet;
THENCE leaving said south line, North 00°02'53'' East, a distance of 42.00 feet, to the north
right-of-way line of East Thomas Road, and the POINT OF BEGINNING;
THENCE along said north right-of-way line, North 44°52'08'' West, a distance of 35.30 feet,
to the east right-of-way line of North 7th Street;
THENCE leaving said north right-of-way line, along said east right-of-way line, North
00°12'50'' East, a distance of 44.70 feet;
THENCE continuing along said east right-of-way line, South 89°57'07'' East, a distance of
3.00 feet;
THENCE North 00°12'50'' East, a distance of 22.50 feet;
THENCE North 17°48'22'' West, a distance of 42.02 feet;
THENCE North 00°12'50'' East, a distance of 55.54 feet;
THENCE North 38°53'00'' East, a distance of 31.23 feet;
THENCE North 77°33'40'' East, a distance of 5.62 feet;
THENCE North 00°12'50'' East, a distance of 51.78 feet;
THENCE South 77°33'50'' West, a distance of 4.73 feet;
THENCE North 53°39'38'' West, a distance of 25.24 feet;
THENCE North 00°12'50'' East, a distance of 65.99 feet;
THENCE leaving said east right-of-way line, South 90°00'00'' East, a distance of 269.90
feet;
THENCE South 18°26'19" East, a distance of 43.89 feet;
THENCE South 06°09'55" East, a distance of 69.74 feet, to a point of intersection with a non-
tangent curve;
THENCE southerly along said non-tangent curve to the right, having a radius of 139.80
feet, concave westerly, whose radius bears South 65°43'15" West, through a central
angle of 45°20'35", a distance of 110.64 feet, to a point of intersection with a non-tangent
line;
THENCE South 24°30'18" West, a distance of 36.69 feet;
THENCE South 17°47'05" West, a distance of 73.61 feet, to said north right-of-way line;
THENCE along said north right-of-way line, North 89°57'07" West, a distance of 19.98
feet;
THENCE South 11°21'33'' West, a distance of 8.24 feet;
THENCE South 39°22'13'' West, a distance of 19.29 feet;
THENCE continuing along said north right-of-way line, North 89°57'07'' West, a distance of
189.05 feet, to the POINT OF BEGINNING.
Containing 94,395 square feet or 2.167 acres, more or less.
Subject to existing right-of-way and easements.
This parcel description is based on client provided information and is located within an
area surveyed by Wood, Patel & Associates, Inc. during the month of April, 2018. Any
monumentation noted in this parcel description is within acceptable tolerance (as
defined in Arizona Boundary Survey Minimum Standards dated 02/14/2002) of said
positions based on said survey.