Attachment A - Draft Ordinance - Z-54-23-6.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-54-23-6) FROM IND. PK. (INDUSTRIAL PARK),
R-3A (MULTIFAMILY RESIDENCE DISTRICT), C-2
(INTERMEDIATE COMMERCIAL), AND P-1 (PASSENGER
AUTOMOBILE PARKING, LIMITED) TO PUD (PLANNED UNIT
DEVELOPMENT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 66.38-acre site located at the southwest
corner of 52nd Street and McDowell Road in a portion of Section 5, Township 1 North
Direction, Range 4 East, as described more specifically in Exhibit “A,” is hereby
changed from 54.05 acres of “IND. PK.” (Industrial Park), 4.91 acres of “R-3A”
(Multifamily Residence District), 4.73 acres of “C-2” (Intermediate Commercial), and
2.69 acres of “P-1” (Passenger Automobile Parking, Limited) 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 52nd Street & McDowell 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 February 16, 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 date
to February 16, 2024.
b.
Page 9, Shade Standards Table, first row: delete the following text:
(52nd Street and McDowell Road frontages).
c.
Page 11, Landscape Standards Table: add footnote to 50th Street (north of
commercial alley) and 50th Street (between commercial alley and Brill St)
rows as follows: If any portion of 50th Street, north of Brill Street, is
abandoned, the landscape setback may start at a line 34 feet east of the
50th Street monument line (the eastern edge of the right-of-way existing at
the time of approval of this PUD). If access is maintained on the previously
dedicated 50th Street, the condition shall reflect the condition shown on
Sections A and B.
d.
Page 22, Design Standards, Shade, first item, second sentence: delete
“fronting 52nd Street and McDowell Road” and revise “10% of parking lot
areas” to “25% of parking lot areas.”
2.
The developer shall dedicate right‐of‐way and construct a bus stop pad on
southbound 52nd Street. The bus stop pad shall be constructed according to City
of Phoenix Standard Detail P1260 with a minimum depth of 10 feet. The bus stop
pad shall be spaced from McDowell Road according to City of Phoenix Standard
Detail P1258. Trees shall be placed to provide 50% shade coverage to the bus
stop pad at full maturity.
3.
The developer shall dedicate right‐of‐way and construct a bus stop pad on
eastbound McDowell Road. The bus stop pad shall be constructed according to
City of Phoenix Standard Detail P1260 with a minimum depth of 10 feet. The bus
stop pad shall be spaced from 50th Street according to City of Phoenix Standard
Detail P1258. Trees shall be placed to provide 50% shade coverage to the bus
stop pad at full maturity.
4.
Right-of-way along the south side of McDowell Road shall be dedicated to
construct a flared intersection to accommodate a right-hand turn pocket at 52nd
Street, including intersection upgrades and other incidentals, as required by the
Street Transportation Department.
5.
The existing streetscapes beginning at back of curb, including median islands,
shall be replenished with the approved landscaping and trees along McDowell
Road and 52nd Street, as approved by the Planning and Development
Department.
6.
The 50th Street right-of-way, adjacent to the site, shall be constructed to comply
with City of Phoenix right-of-way improvement and termination standards.
Improvements shall include paving, curb, gutter, sidewalk, curb ramps,
streetlights, median islands, landscaping, other incidentals, as per plans
approved by the Planning and Development Department. Termination of the 50th
Street right-of-way shall be constructed per the City of Phoenix termination
standards and may require additional dedications, as required by the Street
Transportation Department.
7.
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.
8.
Only landscape materials listed in the Phoenix Active Management Area Low-
Water-Use/Drought-Tolerant Plant List shall be utilized, as approved or modified
by the Planning and Development Department
9.
Natural turf shall only be utilized for required retention areas (bottom of basin)
and/or functional turf located in employee recreation areas, as approved by the
Planning and Development Department.
10.
Landscaping shall be maintained by permanent and automatic/water efficient
WaterSense labeled irrigation controllers (or similar smart controller) to minimize
maintenance and irrigation water consumption for all on and offsite landscape
irrigation.
11.
A minimum of two green infrastructure (GI) techniques for stormwater
management shall be implemented per the Greater Phoenix Metro Green
Infrastructure and Low-Impact Development Details for Alternative Stormwater
Management, as approved or modified by the Planning and Development
Department.
12.
Prior to final site plan approval, documentation shall be provided that
demonstrates a commitment to participate in the City of Phoenix Businesses
Water Efficiency Program for a minimum of 10 years, or as approved by the
Planning and Development Department.
13.
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.
14.
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.
15.
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.
16.
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.
17.
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 1st day of May, 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 (4 Pages)
B – Ordinance Location Map (1 Page)
EXHIBIT A
LEGAL DESCRIPTION FOR Z-54-23-6
A PORTION OF LAND SITUATED WITHIN THE WEST HALF OF SECTION 5,
TOWNSHIP 1 NORTH, RANGE 4 EAST OF THE GILA AND SALT RIVER MERIDIAN,
MARICOPA
COUNTY,
ARIZONA,
MORE
PARTICULARLY
DESCRIBED
AS
FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 5,
MARKED BY CITY OF PHOENIX BRASS CAP IN HANDHOLE, FROM WHICH THE
CENTER CORNER OF SAID SECTION 5, MARKED BY BY CITY OF PHOENIX
BRASS CAP IN HANDHOLE BEARS SOUTH 00°19'00" EAST, A DISTANCE OF
2637.62 FEET;
THENCE NORTH 90°00'00" WEST, ALONG THE NORTH LINE OF THE
NORTHWEST QUARTER OF SAID SECTION, A DISTANCE OF 50.56 FEET;
THENCE SOUTH 00°00'00" EAST, A DISTANCE OF 70.00 FEET, TO A POINT ON A
LINE PARALLEL WITH AND 70.00 FEET SOUTH OF THE NORTH LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 5, ALSO BEING THE POINT OF
BEGINNING;
THENCE SOUTH 45°01'21" EAST, A DISTANCE OF 1.35 FEET, TO A POINT ON A
LINE 50.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 5;
THENCE SOUTH 00°19'00" EAST, ALONG SAID PARALLEL LINE, A DISTANCE OF
73.25 FEET;
THENCE SOUTH 08°41'13" WEST, A DISTANCE OF 12.78 FEET, TO A POINT ON A
LINE 52.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 5;
THENCE SOUTH 00°19'00" EAST, ALONG SAID PARALLEL LINE, A DISTANCE OF
586.82 FEET;
THENCE SOUTH 89°55'37" WEST, A DISTANCE OF 20.00 FEET;
THENCE SOUTH 47°58'59" EAST, A DISTANCE OF 29.76 FEET, TO A POINT ON A
LINE 50.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 5;
THENCE SOUTH 00°19'00" EAST, ALONG SAID PARALLEL LINE, A DISTANCE OF
124.61 FEET;
THENCE SOUTH 04°14'34" WEST, A DISTANCE OF 25.16 FEET, TO A POINT ON A
LINE 52.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 5;
THENCE SOUTH 00°19'00" EAST, ALONG SAID PARALLEL LINE, A DISTANCE OF
322.26 FEET, TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE
NORTHWESTERLY, HAVING A RADIUS OF 36.93 FEET, WHOSE CHORD BEARS
SOUTH 66°42'06" WEST, A DISTANCE OF 29.18 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE TO THE RIGHT THROUGH
CENTRAL ANGLE OF 46°32'08", AN ARC LENGTH OF 30.00 FEET TO A NON-
TANGENT POINT;
THENCE SOUTH 89°58'17" WEST, A DISTANCE OF 211.70 FEET;
THENCE SOUTH 85°38'56" WEST, A DISTANCE OF 70.70 FEET;
THENCE SOUTH 89°56'17" WEST, A DISTANCE OF 208.08 FEET;
THENCE SOUTH 00°01'57" EAST, A DISTANCE OF 65.11 FEET;
THENCE SOUTH 00°01'21" EAST, A DISTANCE OF 202.96 FEET;
THENCE NORTH 89°41'36" WEST, A DISTANCE OF 370.07 FEET;
THENCE SOUTH 00°01'10" WEST, A DISTANCE OF 115.50 FEET;
THENCE SOUTH 89°42'38" WEST, A DISTANCE OF 357.19 FEET;
THENCE SOUTH 00°25'30" EAST, A DISTANCE OF 360.02 FEET;
THENCE NORTH 89°44'02" EAST, A DISTANCE OF 330.06 FEET;
THENCE NORTH 00°25'05" WEST, A DISTANCE OF 275.98 FEET;
THENCE SOUTH 89°40'54" EAST, A DISTANCE OF 396.66 FEET;
THENCE SOUTH 00°01'57" EAST, A DISTANCE OF 228.68 FEET;
THENCE NORTH 89°46'00" EAST, A DISTANCE OF 520.69 FEET, TO A POINT ON A
LINE 52.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 5;
THENCE SOUTH 00°19'00" EAST, ALONG SAID PARALLEL LINE, A DISTANCE OF
42.94 FEET;
THENCE NORTH 88°58'50" WEST, A DISTANCE OF 8.91 FEET;
THENCE SOUTH 42°37'12" EAST, A DISTANCE OF 8.35 FEET;
THENCE SOUTH 89°48'14" WEST, A DISTANCE OF 257.79 FEET;
THENCE SOUTH 00°19'17" EAST, A DISTANCE OF 369.11 FEET;
THENCE SOUTH 54°36'54" WEST, A DISTANCE OF 54.59 FEET;
THENCE SOUTH 89°36'10" WEST, A DISTANCE OF 24.96 FEET;
THENCE SOUTH 44°42'01" WEST, A DISTANCE OF 28.38 FEET;
THENCE SOUTH 00°20'08" EAST, A DISTANCE OF 229.56 FEET;
THENCE NORTH 90°00'00" WEST, A DISTANCE OF 390.84 FEET;
THENCE NORTH 00°28'11" WEST, A DISTANCE OF 196.65 FEET;
THENCE SOUTH 89°34'42" WEST, A DISTANCE OF 583.68 FEET;
THENCE NORTH 00°42'05" WEST, A DISTANCE OF 451.18 FEET;
THENCE SOUTH 89°45'46" WEST, A DISTANCE OF 361.20 FEET, TO A POINT ON
THE EAST RIGHT OF WAY LINE OF 49TH PLACE;
THENCE NORTH 00°30'58" WEST, ALONG SAID EAST RIGHT-OF-WAY LINE, A
DISTANCE OF 612.79 FEET, TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 11.93 FEET, WHOSE CHORD
BEARS NORTH 44°36'59" EAST, A DISTANCE OF 16.91 FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE TO THE RIGHT THROUGH
CENTRAL ANGLE OF 90°15'54", AN ARC LENGTH OF 18.79 FEET TO A TANGENT
POINT, ON THE SOUTH RIGHT-OF-WAY LINE OF CULVERT STREET;
THENCE NORTH 89°44'56" EAST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A
DISTANCE OF 280.99 FEET;
THENCE NORTH 00°28'22" WEST, A DISTANCE OF 30.00 FEET;
THENCE NORTH 89°44'56" EAST, A DISTANCE OF 130.57 FEET;
THENCE NORTH 00°25'06" WEST, A DISTANCE OF 815.43 FEET;
THENCE NORTH 89°33'51" EAST, A DISTANCE OF 26.00 FEET, TO A POINT ON
THE EAST RIGHT-OF-WAY LINE OF 50TH STREET;
THENCE NORTH 00°25'06" WEST, ALONG SAID EAST RIGHT-OF-WAY LINE, A
DISTANCE OF 446.17 FEET;
THENCE NORTH 44°47'27" EAST, A DISTANCE OF 24.66 FEET, TO A POINT ON
THE SOUTH RIGHT-OF-WAY LINE OF MCDOWELL ROAD;
THENCE NORTH 90°00'00" EAST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A
DISTANCE OF 1228.50 FEET, THE POINT OF BEGINNING.