Attachment A - Draft Ordinance - Z-12-20-7.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-12-20-7) FROM R1-8 (SINGLE-FAMILY RESIDENCE
DISTRICT), R-2 (MULTIFAMILY RESIDENCE DISTRICT), R-3A
(MULTIFAMILY RESIDENCE DISTRICT), C-1 (NEIGHBORHOOD
RETAIL), AND C-2 HGT/WVR (INTERMEDIATE COMMERCIAL,
HEIGHT WAIVER) TO PUD (PLANNED UNIT DEVELOPMENT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 71.75-acre site located at the northwest
corner of 59th Avenue and Baseline Road in a portion of Section 31, Township 1 North,
Range 2 East, as described more specifically in Exhibit “A”, is hereby changed from
0.57 acres of “R1-8” (Single-Family Residence District), 0.41 acres of “R-2” (Multifamily
Residence District), 18.72 acres of “R-3A” (Multifamily Residence District), 3.12 acres of
“C-1” (Neighborhood Retail), and 48.93 acres of “C-2 HGT/WVR” (Intermediate
Commercial, Height Waiver) to 71.75 acres of “PUD” (Planned Unit Development).
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 Laveen Spectrum 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 August 21, 2020, as modified by the following
stipulations:
a.
Front cover: Revise the submittal date information on the bottom to add
the following: Fourth submittal: August 21, 2020; City Council adopted:
[Add adoption date].
b.
Page 25, Table 3, Trees: Trees in streetscape landscape areas along
Baseline Road shall be minimum 50 percent 2-inch caliper, 25 percent 3-
inch caliper, and 25 percent 4-inch caliper.
c.
Page 17, Table 2: Development Standards, Minimum Open Space:
Revise to reflect that residential uses in Development Sub-Areas 2 and 3
with densities not exceeding 14 units per gross acre shall have a
minimum of 15 percent open space based on net site area.
d.
Page 14, Development Sub-Area 2 Land Uses: Revise formatting to reflect
community garden being a standalone permitted use.
e.
Pages 72 through 78: Appendix K, Perimeter Design Corridor Supplement
to the PUD Narrative: This exhibit shall be replaced with the Perimeter
Design Corridor Supplement dated September 2020.
f.
Page 58, Appendix F, Comparative Zoning Table for Residential Uses,
Proposed Column, Minimum Open Space: Revise to reflect that residential
uses with densities not exceeding 14 units per gross acre shall have a
minimum of 15 percent open space based on net site area.
2.
The developer shall dedicate right-of-way and construct one bus stop pad along
westbound Baseline Road west of the 59th Avenue alignment. The bus stop pad
shall be constructed according to City of Phoenix Standard Detail P1262 with a
minimum depth of 10 feet. The bus stop pad shall be spaced from the
intersection of 59th Avenue and Baseline Road according to City of Phoenix
Standard Detail P1258.
3.
The developer shall dedicate right-of-way and construct one bus stop pad along
southbound 59th Avenue south of the Carson Road alignment. The bus stop pad
shall be constructed according to City of Phoenix Standard Detail P1262 with a
minimum depth of 10 feet. The final bus stop pad placement to be approved by
the Public Transit Department.
4.
The developer shall dedicate right-of-way and construct one bus stop pad along
southbound 59th Avenue south of the Vineyard Road alignment. The bus stop
pad shall be constructed according to City of Phoenix Standard Detail P1262
with a minimum depth of 10 feet. The final bus stop pad placement to be
approved by the Public Transit Department.
5.
The developer shall dedicate minimum 80-foot right-of-way for the west half of
59th Avenue tapering to the north, as approved by the Street Transportation
Department.
6.
The developer is fully responsible for any relocation or modification of the traffic
signal at 59th Avenue and Baseline Road.
7.
Existing irrigation facilities along any exiting or proposed right-of-way are to be
undergrounded and/or relocated outside of City right-of-way. Contact SRP to
identify existing land rights and establish appropriate process to relocate facility.
Relocations that require additional dedications or land transfer require
completion prior to obtaining plat and/or civil plan review approval.
8.
The applicant shall submit a Traffic Impact Study/Statement to the City for this
development. No preliminary approval of plans shall be granted until the study is
reviewed and approved by the City.
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.
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.
11.
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.
12.
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.
13.
Developer shall provide notice to the Chair of the Laveen Village Planning
Committee upon submittal of a preliminary site plan application to the Planning
and Development Department for each individual development project. The
notice shall include a copy of the preliminary site plan submittal and the date and
time of the preliminary site plan public review meeting with Planning and
Development Department staff.
14.
Concurrent with the development of the first individual development project
within a development sub-area, all required streetscape zone perimeter setback
landscaping for the entire development-sub-area must be installed.
15.
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 4th day of November,
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-12-20-7
A portion of those certain parcels of land described in Documents No. 2002-0755943
and 2003-1298633, Maricopa County Records, lying within the southeast quarter of
Section 31, Township 1 North, Range 2 East, of the Gila and Salt River Base and
Meridian, Maricopa County, Arizona, more particularly described as follows:
Commencing at the southeast corner of said Section 31, a cotton picker spindle with
tag LS 38862, from which the east quarter corner of said Section, a Maricopa County
aluminum cap, bears North 00 degrees 41 seconds 54 minutes West, a distance of
2635.08 feet;
Thence along the east line of the southeast quarter of said Section, North 00 degrees
41 minutes 54 seconds
West, a distance of 107.00 feet, to the northerly right-of-way line of Baseline Road and
to the Point of Beginning;
Thence leaving said east line, along said northerly right-of-way line, South 89 degrees
47 minutes 53 seconds
West, a distance of 85.00 feet;
Thence South 44 degrees 33 minutes 07 seconds West, a distance of 42.24 feet;
Thence South 89 degrees 47 minutes 53 seconds West, a distance of 467.78 feet;
Thence North 00 degrees 12 minutes 07 seconds West, a distance of 1.00 feet;
Thence North 85 degrees 44 minutes 03 seconds West, a distance of 164.14 feet;
Thence North 88 degrees 20 minutes 56 seconds West, a distance of 284.92 feet, to
the easterly right-of-way
line of State Route 202L;
Thence leaving said northerly right-of-way line, along said easterly right-of-way line,
North 00 degrees 51
minutes 44 seconds West, a distance of 288.45 feet;
Thence North 08 degrees 23 minutes 18 seconds West, a distance of 1675.18 feet;
Thence North 09 degrees 37 minutes 00 seconds West, a distance of 576.04 feet;
Thence North 08 degrees 22 minutes 24 seconds West, a distance of 20.68 feet, to the
north line of the southeast quarter of said Section 31;
Thence leaving said easterly right-of-way line, along said north line, North 89 degrees
48 minutes 41 seconds
East, a distance of 1348.06 feet, to the east line of the southeast quarter of said Section
31;
Thence leaving said north line, along said east line, South 00 degrees 41 minutes 54
seconds East, a distance of 2528.08 feet, to the Point of Beginning.
Containing 2,974,956 Square Feet or 68.30 Acres more or less.
Subject to easements, restrictions and rights of way of record.