Attachment A - Draft Ordinance - Z-41-22-8.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-41-22-8) FROM C-2 (INTERMEDIATE
COMMERCIAL) TO PUD (PLANNED UNIT DEVELOPMENT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 3.79-acre property located approximately
270 feet west of the southwest corner of 24th Street and Thomas Road in a portion of
Section 34, Township 2 North, Range 3 East, as described more specifically in Exhibit
“A,” is hereby changed from “C-2” (Intermediate Commercial), 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 2333 Thomas 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 September 23, 2022, as modified by the following
stipulations:
a.
Front cover: Revise the submittal date information on the bottom to add
the
following: Hearing draft submittal: September 23, 2022; City Council
adopted: [Add adoption date].
b.
Page 9, Development Standards Table, Maximum Density: update to “200
units.”
c.
Page 10, Landscape Standards Table, Parking Lot Area Landscape
standards: revise to “Minimum 14 percent shade coverage at maturity.
Planting standards per C-2 standards (Section 623).”
d.
Page 12, Design Guidelines, Site Layout: Add an item number 5 stating “A
minimum 36-inch-high perimeter wall shall be provided along the northern
edge of the property, adjacent to the back of the Thomas Road sidewalk
easement, except where vehicular entry/exit or pedestrian walkways are
proposed. The perimeter wall and the building shall exhibit a cohesive
architectural theme and style with regard to color, texture, and materials.”
2.
The applicant shall submit a Traffic Impact Study/Statement to the City for this
development. The developer shall be responsible for cost and construction of all
mitigation identified through the analysis. No preliminary approval of plans shall
be granted until the study is reviewed and approved by the Street Transportation
Department.
3.
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.
4.
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.
5.
The developer shall provide documentation to the City prior to final site plan
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.
6.
This parcel is in a Special Flood Hazard Area (SFHA) called Zone A, on panel
2210L of the Flood Insurance Rate Maps (FIRM) dated October 16, 2013. The
following requirements shall apply, as approved by the Planning and
Development Department:
a.
The Architect/Engineer is required to show the floodplain boundary limits
on the Grading and Drainage plan and ensure that impacts to the
proposed facilities have been considered, following the National Flood
Insurance Program (NFIP) Regulations (44 CFR Paragraph 60.3). This
includes, but not limited to provisions in the latest versions of the
Floodplain Ordinance of the Phoenix City Code.
b.
A copy of the Grading and Drainage Plan needs to be submitted to the
Floodplain Management section of Public Works Department for review
and approval of Floodplain requirements.
c.
The developer shall provide a FEMA approved CLOMR-F or CLOMR prior
to issuance of a Grading and Drainage permit.
7.
If determined necessary by the Phoenix Archeology 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 Archeologist prior to
clearing and grubbing, landscape salvage, and/or grading approval.
8.
If Phase I data testing is required, and if, upon review of the results from Phase I
data testing, the City Archeologist, in consultation with a qualified archeologist,
determines such data recovery excavations are necessary, the applicant shall
conduct Phase II archeological data recovery excavations.
9.
In the event archeological 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 Archeologist, and allow time for the
Archeology 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 7th day of December,
2022.
________________________________
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 (1 Page)
B – Ordinance Location Map (1 Page)
EXHIBIT A
That portion of the Northeast quarter of Section 34, Township 2 North, Range 3 East,
Gila and Salt River Meridian, Maricopa County, Arizona, being more particularly
described as follows:
Commencing at the Northeast corner of said Section 34;
Thence North 90 Degrees 00 Minutes 00 Seconds West along the North line of said
Northeast quarter a distance of 300.12 feet to the TRUE POINT OF BEGINNING;
Thence South 00 Degrees 35 Minutes 05 Seconds West a distance of 718.69 feet to the
Northeast line of the Grand Canal as shown on Book 1225 of Maps, Page 38, records of
said county;
Thence South 47 Degrees 50 Minutes 24 Seconds West a distance of feet 25.0l feet;
Thence North 40 Degrees 52 Minutes 20 Seconds West a distance of feet 20.24 feet;
Thence North 45 Degrees 30 Minutes 49 Seconds West a distance of 299.07 feet;
Thence North 45 Degrees 29 Minutes 04 Seconds West a distance of 128.32 feet;
Thence North 47 Degrees 47 Minutes 23 Seconds West a distance of 92.72 feet;
Thence North 43 Degrees 09 Minutes 54 Seconds East a distance of 25.00 feet to said
Northeast line;
Thence North 89 Degrees 58 Minutes 18 Seconds East a distance of 162.17 feet;
Thence North 00 Degrees 35 Minutes 23 Seconds East a distance of 340.00 feet to said
North line;
Thence South 90 Degrees 00 Minutes 00 Seconds East along said North line a distance
of 229.88 feet to the POINT OF BEGINNING.