Attachment A - Draft Ordinance - Z-23-24-8.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 ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-23-24-8) FROM WU CODE T4:3 GW
(WALKABLE URBAN CODE, TRANSECT 4:3 DISTRICT,
TRANSIT GATEWAY CHARACTER AREA) TO PUD (PLANNED
UNIT DEVELOPMENT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 11.46-acre site located at the northwest
corner of 24th Street and Portland Street in a portion of Section 3, Township 1 North,
Range 3 East, as described more specifically in Exhibit “A,” is hereby changed from
“WU Code T4:3 GW” (Walkable Urban Code, Transect 4:3 District, Transit Gateway
Character Area) to “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 Phoenix Airpark Gateway 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 July 31, 2024, as modified by the following
stipulations:
a.
Front cover: Revise the submittal date information to add the following: City
Council adopted: [Add adoption date] and to revise the hearing draft
submittal date to July 31, 2024.
b.
Page 7, C. List of Uses: Add a new bullet point as follows: “Single-family
residential use west of the 22nd Street alignment.”
c.
Page 8, D. Development Standards: Add the following statement at the
end of the first paragraph: “Single-family residential shall be subject to the
R1-6 zoning district standards and shall not be subject to the modifications
contained in this section.”
d.
Page 14, E. Design Guidelines: Add the following statement to the end of
the second paragraph: “Single-family residential shall be subject to the
design standards of Section 507 Tab A of the Zoning Ordinance and shall
be exempt from all design standards contained in this section of the PUD.”
2.
A minimum 40-feet of right-of-way shall be dedicated for the west side of 24th
Street, adjacent to City of Phoenix right-of-way.
3.
Additional right of way dedications and improvements shall be constructed along
the west side of 24th Street, as required by the approved Traffic Impact Analysis.
4.
A minimum 10-foot sidewalk easement shall be dedicated for the west side of
24th Street, adjacent to the development for the full length of the street frontage.
The required streetscape area shall be encompassed by sidewalk easement.
5.
Vehicular access, including for emergency purposes, shall be prohibited onto
Portland Street and 22nd Street from the subject site. Upon request for an
emergency access point from the Fire Department, the applicant shall submit an
updated Traffic Impact Analysis to be reviewed and approved by the Street
Transportation Department.
6.
A minimum 20-foot-wide right-of-way shall be dedicated, including alley triangle,
for the extension of the existing alleyway per City of Phoenix standards.
Alternatively, an application to consider the abandonment of the existing alley
dedication may be submitted and subject to the outcome established in the public
hearing process.
7.
Right-of-way shall be dedicated for the extension or termination of 22nd Street
and constructed to City of Phoenix standards. Alternatively, an application to
consider the abandonment of the existing 22nd Street right-of-way may be
submitted and subject to the outcome established in the public hearing process.
8.
All existing electrical utilities within the public right-of-way shall be
undergrounded, adjacent to the development, or as otherwise approved by the
Street Transportation Department. The developer shall coordinate with the
affected utility companies for their review and permitting.
9.
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.
10.
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.
11.
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.
12.
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.
13.
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.
14.
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.
15.
Prior to final 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 2nd day of October,
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 (3 Pages)
B – Ordinance Location Map (1 Page)
EXHIBIT A
LEGAL DESCRIPTION FOR Z-23-24-8
PARCEL NO 1:
THOSE PORTIONS OF LOTS 15 THROUGH 19, INCLUSIVE, AND 22 THROUGH 28,
INCLUSIVE, CHILDRESS PLACE, ACCORDING TO BOOK 14 OF MAPS, PAGE 25
AND LOTS 1 THROUGH 10, INCLUSIVE, WILIMEK COURT, ACCORDING TO BOOK
33 OF MAPS, PAGE 12, RECORDS MARICOPA COUNTY, ARIZONA AND THOSE
PORTIONS OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 3, TOWNSHIP 1 NORTH RANGE 3 EAST OF THE GILA AND SALT RIVER
BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA LYING WITHIN THE
FOLLOWING DESCRIBED PARCEL OF LAND:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 3;
THENCE NORTH 00 DEGREES 13 MINUTES 00 SECONDS WEST ALONG THE
EAST LINE OF SAID SECTION, SAID LINE BEING COINCIDENTAL WITH THE
EXISTING CENTERLINE OF 24TH STREET, 520.72 FEET;
THENCE SOUTH 89 DEGREES 47 MINUTES 00 SECONDS WEST 43.00 FEET TO
THE POINT OF BEGINNING;
THENCE NORTH 89 DEGREES 30 MINUTES 01 SECONDS WEST 120.96 FEET;
THENCE NORTH 00 DEGREES 13 MINUTES 00 SECONDS WEST 80.02 FEET;
THENCE NORTH 89 DEGREES 39 MINUTES 15 SECONDS WEST 3.00 FEET;
THENCE NORTH 00 DEGREES 13 MINUTES 00 SECONDS WEST 60.00 FEET TO A
POINT IN THE SOUTH LINE OF LOT 28 OF CHILDRESS PLACE;
THENCE NORTH 89 DEGREES 30 MINUTES 00 SECONDS WEST ALONG THE
SOUTH LINE OF CHILDRESS PLACE A DISTANCE OF 1168.13 FEET TO THE
SOUTHWEST CORNER OF LOT 15 OF SAID CHILDRESS PLACE;
THENCE NORTH 00 DEGREES 18 MINUTES 47 SECONDS EAST ALONG THE
WEST LINE OF LOT 15 A DISTANCE OF 129.00 FEET;
THENCE NORTH 65 DEGREES 05 MINUTES 37 SECONDS EAST 421.11 FEET;
THENCE SOUTH 89 DEGREES 31 MINUTES 17 SECONDS EAST 898.08 FEET;
THENCE SOUTH 02 DEGREES 30 MINUTES 22 SECONDS EAST 370.17 FEET;
THENCE NORTH 89 DEGREES 39 MINUTES 15 SECONDS EAST 1.62 FEET;
THENCE SOUTH 00 DEGREES 13 MINUTES 00 SECONDS EAST 77.00 FEET;
THENCE SOUTH 41 DEGREES 56 MINUTES 55 SECONDS WEST 4.47 FEET TO
THE POINT OF BEGINNING.
PARCEL NO. 2:
THE SOUTH 62.00 FEET OF THE NORTH 124 FEET OF THE EAST HALF OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 3 TOWNSHIP 1 NORTH RANGE 3 EAST OF THE GILA AND
SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA;
EXCEPT THE WEST 162.50 FEET; AND
EXCEPT THE EAST 30.00 FEET.
PARCEL NO. 3:
THE NORTH 62.00 FEET OF THE EAST HALF OF THE SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3
TOWNSHIP 1 NORTH RANGE 3 EAST OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, MARICOPA COUNTY, ARIZONA;
EXCEPT THE WEST 137.5 FEET; AND
EXCEPT THE EAST 30.00 FEET.
PARCEL NO. 4:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 3, TOWNSHIP 1 NORTH, RANGE 3 EAST OF THE GILA AND SALT
RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS
FOLLOWS:
COMMENCING AT A 2 1/2 INCH BRASS CAP MARKING THE EAST QUARTER
CORNER OF SAID SECTION 3, WHICH BEARS SOUTH 00 DEGREES 15 MINUTES
25 SECONDS EAST 1320.37 FEET FROM A 3 INCH CITY OF PHOENIX (COP)
BRASS CAP MARKING THE NORTHEAST CORNER OF THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 3;
THENCE ALONG THE EAST LINE OF SAID SECTION 3, NORTH 00 DEGREES 15
MINUTES 25 SECONDS WEST 970.89 FEET;
THENCE SOUTH 89 DEGREES 44 MINUTES 35 SECONDS WEST 53.17 FEET TO
THE ACCESS CONTROL FENCE ALONG THE 1995 RIGHT OF WAY LINE OF THE
EAST PAPAGO (STATE ROUTE 217) (STATE ROUTE 202L RED MOUNTAIN
FREEWAY);
THENCE ALONG SAID ACCESS CONTROL FENCE ALONG THE 1995 RIGHT OF
WAY LINE, NORTH 89 DEGREES 31 MINUTES 17 SECONDS WEST 898.08 FEET;
THENCE CONTINUING ALONG SAID ACCESS CONTROL FENCE ALONG THE 1995
RIGHT OF WAY LINE, SOUTH 65 DEGREES 05 MINUTES 37 SECONDS WEST
421.11 FEET TO THE POINT OF BEGINNING ON THE EAST RIGHT OF WAY LINE
OF 22ND STREET;
THENCE ALONG SAID EAST RIGHT OF WAY LINE, SOUTH 00 DEGREES 18
MINUTES 47 SECONDS WEST 129.00 FEET TO THE NORTH LINE OF THE SOUTH
HALF OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 3;
THENCE ALONG SAID NORTH LINE, NORTH 89 DEGREES 26 MINUTES 48
SECONDS WEST 198.89 FEET;
THENCE SOUTH 00 DEGREES 03 MINUTES 17 SECONDS EAST 61.96 FEET;
THENCE NORTH 89 DEGREES 31 MINUTES 21 SECONDS WEST 162.23 FEET TO
SAID ACCESS CONTROL FENCE ALONG THE 1995 RIGHT OF WAY LINE;
THENCE ALONG SAID ACCESS CONTROL FENCE ALONG THE 1995 RIGHT OF
WAY LINE, NORTH 00 DEGREES 05 MINUTES 38 SECONDS WEST 19.70 FEET;
THENCE CONTINUING ALONG ACCESS CONTROL FENCE ALONG THE 1995
RIGHT OF WAY LINE, NORTH 65 DEGREES 05 MINUTES 37 SECONDS EAST
398.88 FEET TO THE POINT OF BEGINNING.