Attachment A - Draft Ordinance - Z-1-20-7.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-1-20-7) FROM S-1 (RANCH OR FRAM RESIDENCE
DISTRICT) AND RE-43 (ONE-FAMILY RESIDENCE) TO R1-10
(SINGLE-FAMILY RESIDENCE DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 65.75-acre site located on the southeast
corner of 107th Avenue and Southern Avenue in a portion of Section 32, Township 1
North, Range 1 East, as described more specifically in Exhibit “A”, is hereby changed
from 64.63 acres of “S-1” (Ranch or Farm Residence District) and 1.12 acres of “RE-43”
(One-Family Residence) to “R1-10” (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 not exceed 279 residential lots.
2.
All lots along the northern perimeter of the development shall not exceed one
story and 20 feet in height.
3.
All lots within 100 feet of the northern property line shall be a minimum of 65
feet wide.
4.
There shall be a minimum of 20 percent common open space provided,
exclusive of required landscape setbacks, as approved by the Planning and
Development Department.
5.
A minimum of two active open space areas of 800 square feet minimum each
shall be developed throughout the site and each shall include all of the
following amenities at a minimum, as approved by the Planning and
Development Department:
Tot lot;
Game court;
Picnic area that includes a shade ramada, bench and barbeque
grill; and
One bench located in a shaded area;
6.
Subdivision walls shall be constructed to the following standards, as approved
by the Planning and Development Department.
a.
A six-foot high perimeter wall shall be constructed that includes material
and textural differences, such as stucco and/or split face block with a
decorative element, such as tile or stamped designs.
b.
Where view fencing is required, a combination of solid masonry wall not
exceeding 4 feet in height, and wrought iron view fencing or similar
material can be utilized.
7.
Landscape areas adjacent to Southern Avenue shall contain decorative ranch
rail fencing with accent columns under 3 feet in height, as approved by the
Planning and Development Department.
8.
A landscaped gateway entry feature shall be provided on the southeast corner
of 107th Avenue and Southern Avenue that includes an average 75 foot by 75
foot landscape entryway that connects to adjacent trail(s) and sidewalks, and
adheres to the landscape palette for gateway entry features in the Estrella
Village Arterial Street Landscaping Program. A minimum of two plant materials
to provide seasonal interest shall be planted in an enhanced landscape area a
minimum of 300 square feet in size. The gateway entry feature shall be in
general conformance with the Entry Detail and Plan Exhibit date stamped
September 18, 2020. The gateway entry feature shall utilize accents, colors
and materials consistent with the adjacent subdivision, as approved by the
Planning and Development Department.
9.
All sidewalks along 107th Avenue and Southern Avenue shall be detached with
a minimum five-foot-wide landscaped area located between the sidewalk and
the back of curb and planted to the following standards, as modified or waived
by the Maricopa County Department of Transportation (MCDOT) and as
approved by the Planning and Development Department and MCDOT. Where
utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions consistent with a
pedestrian environment.
a.
The plantings and landscape palette along arterial streets shall adhere
to the Estrella Village Arterial Street Landscaping Program.
10.
All interior sidewalks shall be detached with a minimum five-foot-wide
landscaped area located between the sidewalk and the back of curb, that
includes minimum 2-inch caliper size shade trees planted a minimum of 25 feet
on center or in equivalent groupings. Where utility conflicts exist, the developer
shall work with the Planning and Development Department on alternative
design solutions consistent with a pedestrian environment.
11.
A minimum landscape setback of 30 feet shall be provided along Southern
Avenue and 15 feet along 107th Avenue.
12.
All required landscape setbacks shall include a minimum of 25 percent 1-inch
caliper, 50 percent 2-inch caliper and 25 percent 3-inch caliper single trunk
trees planted 20 feet on center, or in equivalent groupings, as approved by the
Planning and Development Department and developed to the following
standards. Where utility conflicts exist, the developer shall work with the
Planning and Development Department on alternative design solutions
consistent with a pedestrian environment.
a.
Two rows of trees, a minimum of 2-inch caliper size, shall be planted
along Southern Avenue and shall be placed within close proximity to the
bus stop pad and public sidewalk, planted a minimum of 20 feet on
center or in equivalent groupings to provide the maximum shade
possible;
b.
Minimum 2-inch caliper size trees shall be planted within close proximity
to public sidewalk along 107th Avenue, planted a minimum of 20 feet on
center or in equivalent groups to provide the maximum shade possible;
c.
Three-inch caliper trees shall be planted in a manner that screens the
development from adjacent existing homes to the maximum extent
possible;
d.
Trees shall be arranged to provide a minimum of 75 percent shade to
trails within landscape setbacks at maturity;
e.
Unless otherwise stated, the plantings and landscape palette along
perimeter streets shall adhere to the Estrella Village Arterial Street
Landscaping Program.
13.
Large canopy drought tolerant shade trees shall be provided in interior
landscape areas, open space areas and along trails and paths in order to
achieve a minimum 50 percent shade at maturity, 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.
14.
The developer shall provide a system of pedestrian thoroughfares developed
to the following standards via the most direct route, as approved by the
Planning and Development Department and MCDOT for elements in the right-
of-way.
a.
Connections to/between the below identified locations using minimum 5-
foot wide paved paths:
Open space amenity areas, including those containing active
recreational amenities;
Closest sidewalk(s);
Pedestrian pathways and trails;
Bus stop pad;
b.
A minimum of one connection from the north perimeter to the south
perimeter, and east perimeter to the west perimeter of the development
using minimum 5-foot wide pathways. This connection shall avoid
overlapping with internal sidewalks as much as possible.
c.
A minimum of three pedestrian paths a minimum 5-feet in width from the
southernmost trail to the closest public sidewalk to the north shall be
provided. These connections shall be distributed throughout the
development.
d.
Connection from the intersection of 107th Avenue and Southern Avenue
to the nearest sidewalks internally within the development. This
connection may overlap with a portion of a trail along Southern Avenue.
e.
Vehicular crossings shall be kept to a minimum.
15.
The developer shall dedicate a 30-foot wide multi-use trail easement (MUTE)
along the west side of the 103rd Avenue alignment and construct a 10-foot
wide multi-use trail (MUT) within the easement as indicated in Section 429 of
the City of Phoenix MAG Supplement and as required by the Parks
Department Master Trails Plan, as approved by the Planning and Development
Department.
16.
The developer shall dedicate a minimum 20-foot-wide multi-use trail easement
(MUTE), along the south side of Southern Avenue and construct a 10-foot wide
multi-use trail (MUT) within the easement as indicated in Section 429 of the
City of Phoenix MAG Supplement or as modified and approved by the Planning
and Development Department.
17.
The developer shall dedicate a 20 foot-wide multi-use trail easement (MUTE),
along the southern property line and a portion of the western property line
south of Nancy Lane. The width of the MUTE can be reduced where conflicts
exist with the location of lots or utilities, but shall at no point be less than 15
feet in width. The developer shall construct a 10-foot wide multi-use trail (MUT)
within the easement as indicated in Section 429 of the City of Phoenix MAG
Supplement or as modified by the Planning and Development Department. The
following standards shall also be included as approved by the Planning and
Development Department.
a.
A connection between the MUTE and MUT shall be provided to the
property along the southwest corner of the site, APN: 101-46-001S, as
approved by the Planning and Development Department.
b.
A minimum of two benches shall be located within proximity to the multi-
use trail along the south property line, located in a shaded area.
c.
Where access or utility conflicts exist for dedicating or constructing the
MUTE or MUT along the western property line south of Nancy Lane, an
additional pedestrian path shall be provided from the multi-use trail
along the south to the closest sidewalk to the north. In addition, if these
conflicts exist, a seating node containing a minimum of one bench in a
shaded area and way finding signage shall be located on the western
most end of the trail along the southern property line.
18.
The conceptual site plan shall be administratively approved by the Planning
Hearing Officer prior to preliminary site plan 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.
Pedestrian paths connecting the northern perimeter to the southern
perimeter, and eastern perimeter to the western perimeter of the
development.
b.
A system of pedestrian connections to/between open space amenity
areas, closest sidewalks, and multi-use trail connections via the most
direct route to reduce pedestrian walking distances.
c.
A minimum of three pedestrian paths connecting the southernmost trail
to the closest sidewalk to the north, within the development.
d.
Distribution of open space areas and amenities throughout the
development, including the location of an amenity area that is centrally
located and another within proximity to the Salt River.
19.
The conceptual elevations shall be administratively approved by the Planning
Hearing Officer prior to preliminary site plan 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.
Variety of building elevations that contain features consistent with the
agrarian and rural character of the area, including but not limited to:
1)
Durable, permanent, and high-quality materials such as native
stone, burnt adobe, textured brick, wood (when shaded by
overhangs or deep recesses), slump block, ceramic tile (matte
finish), stucco, exposed aggregate concrete.
2)
Natural and subdued desert colors and tones.
3)
Trim and accent colors that complement the main building colors.
20.
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 and mining uses. The form and
content of such documents shall be reviewed and approved by the City
Attorney.
21.
There shall be dedication of right-of-way and construction of one bus bay along
eastbound Southern Avenue east of 107th Avenue. The bus bay and attached
bus stop pad shall be compliant with City of Phoenix Standard Details P1256
and P1261 with a minimum bus stop pad depth of 10 feet. The bus bay shall
be spaced from the intersection of Southern Avenue and 107th Avenue
according to City of Phoenix Standard Detail P1258 as approved by MCDOT
and the Public Transit Department.
22.
107th Avenue is a Maricopa County Department of Transportation (MCDOT)
controlled roadway classified as a minor arterial by MCDOT. Right-of-way shall
be dedicated consistent with MCDOT’s Major Streets and Routes Plan.
23.
Southern Avenue is a Maricopa County Department of Transportation
(MCDOT) controlled roadway classified as a minor arterial in the MCDOT
Major Streets and Routes Plan and requires a minimum 65-foot half street
right-of-way dedication.
24.
The developer shall be responsible for the traffic signal and intersection
improvements at 107th Avenue and Southern Avenue, as approved by
Maricopa County Department of Transportation Department.
25.
The developer shall submit a Traffic Impact Study (TIS) to be reviewed and
approved by the City of Phoenix and Maricopa County Department of
Transportation prior to preliminary site plan approval.
26.
The developer shall construct all streets within and adjacent to the
development with paving, curb, gutter sidewalk, curb ramps, driveways,
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. The developer may complete
an abandonment of any segments of existing public right-of- way that are not
used for public streets as approved by the Street Transportation Department.
27.
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.
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 2nd day of December
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-1-20-7
A portion of land as described within the Special Warranty Deed recorded in Document
No. 2019-0002383 and the Special Warranty Deed recorded in 2019-0001289,
Maricopa County Records, Arizona, lying within the Northwest Quarter of Section 32,
Township 1 North, Range 1 East of the Gila and Salt River Meridian, Maricopa County,
Arizona, being more particularly described as follows:
COMMENCING at the Northwest corner of said Section 32 from which the North
Quarter corner thereof bears North 88°45'52" East, 2573.88 feet;
Thence North 88°45'52" East, 40.00 feet along the north line of the Northwest Quarter
of said Section 32 to the east line of the west 40.00 feet of said Northwest Quarter;
Thence South 00°46’55” East, 65.00 feet along said east line to the south line of the
north 65.00 feet of said Northwest Quarter and the POINT OF BEGINNING;
Thence leaving said east line, North 88°45'52" East, 1247.00 feet along said south line
to the east line of the West Half of said Northwest Quarter;
Thence leaving said south line, South 00°49'59" East, 286.01 feet along last said east
line to the south line of the north 351.00 feet of said Northwest Quarter;
Thence leaving last said east line, North 88°45'52" East, 1140.03 feet along last said
south line to the east line of the west 1140.00 feet of the West Half of said Northwest
Quarter;
Thence leaving last said south line, North 00°49'59" West, 286.01 feet along last said
east line to the south line of the north 65.00 feet of said Northwest Quarter;
Thence leaving last said east line, North 88°45'52" East, 121.95 feet along last said
south line to the west line of the east 25.00 feet of said Northwest Quarter;
Thence leaving last said south line, South 00°51'59" East, 856.66 feet along last said
west line to the north line of that property described in the Order of Immediate
Possession recorded in Document No. 2006-1099246, Maricopa County Records;
Thence leaving last said west line, South 75°28'58" West, 1299.33 feet along last said
north line, to the east line of the West Half of said Northwest Quarter and the northwest
corner of said property described in the Order of Immediate Possession recorded in
Document No. 2006-1099246;
Thence South 00°49'59" East, 158.94 feet along last said east line also being the west
line of the property described in the Order of Immediate Possession recorded in
Document No. 2006-1099246 to the north line of that property described in the Special
Warranty Deed recorded in Document No. 2009-0670971, Maricopa County Records;
Thence leaving last said east line, South 63°55'04" West, 737.75 feet along last said
north line, to the north line of that property described in the Order of Immediate
Possession recorded in Document No. 2008-0288297, Maricopa County Records;
Thence leaving said north line of that property described in the Special Warranty Deed
recorded in Document No. 2009-0670971, South 88°45'56" West, 581.16 feet along the
north line of that property described in the Order of Immediate Possession recorded in
Document No. 2008-0288297, to the east line of the west 40.00 feet of said Northwest
Quarter;
Thence leaving last said north line, North 00°46'55" West, 1624.13 feet along last said
east line to the POINT OF BEGINNING.
The above described parcel contains a computed area of 2,866,640 sq. ft. (65.809
acres) more or less and being subject to any easements, restrictions, rights-of-way of
record or otherwise.