Attachment A - Draft Ordinance - Z-64-21-8.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-64-21-8) FROM A-2 (INDUSTRIAL DISTRICT)
TO PUD (PLANNED UNIT DEVELOPMENT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 17.82-acre site located at the southwest
corner of 48th Street and Washington Street in a portion of Section 7, Township 1
North, Range 4 East, as described more specifically in Exhibit “A,” is hereby changed
from “A-2” (Industrial District) 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 Banyan Residential 48th Street &
Washington 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 May 23, 2022, as
modified by the following stipulations:
a.
Front cover: Revise the date information on the cover page to the
following:
City Council Adopted: [Add Adoption Date]
b.
Page 9, Table D, Development Standards Table: Delete “D. Character
Areas, Transit Gateway Character Area (Section 1312 (A)))”
2.
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.
3.
This parcel is in a Special Flood Hazard Area (SFHA) called Zone A, on panel
2230 M of the Flood Insurance Rate Maps (FIRM) dated September 18, 2020.
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 shall 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.
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 a No Hazard Determination for the proposed
development from the FAA pursuant to the FAA’s Form-7460 obstruction
analysis review process, prior to construction permit approval, as per plans
approved by the Planning and Development Department.
6.
The developer shall grant and record an avigation easement to the City of
Phoenix for the site, per the content and form prescribed by the City Attorney
prior to final site plan approval.
7.
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.
8.
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 September,
2022.
________________________________
MAYOR
ATTEST:
_________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Cris Meyer, City Attorney
By:
_________________________
_________________________
REVIEWED BY:
_________________________
Jeffrey Barton, City Manager
Exhibits:
A – Legal Description (2 Pages)
B – Ordinance Location Map (1 Page)
EXHIBIT A
LEGAL DESCRIPTION FOR Z-64-21-8
A PORTION OF THE EAST HALF OF SECTION 7, TOWNSHIP 1 NORTH, RANGE 4
EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY,
ARIZONA, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE EAST LINE OF THE NORTHEAST QUARTER
OF SAID SECTION 7, BEING THE FOUND BRASS CAP IN HANDHOLE FOUND AT
THE CENTERLINE INTERSECTION OF WASHINGTON STREET AND 48TH
STREET, FROM WHICH THE FOUND 3" MARICOPA COUNTY BRASS CAP AT THE
NORTHEAST CORNER OF SAID SECTION 7 BEARS NORTH 00 DEGREES 02
MINUTES 39 SECONDS WEST, A DISTANCE OF 1355.96 FEET;
THENCE ALONG SAID EAST LINE BEING THE CENTERLINE OF 48™ STREET,
SOUTH 00 DEGREES 02 MINUTES 39 SECONDS EAST, 558.39 FEET;
THENCE DEPARTING SAID CENTERLINE, NORTH 89 DEGREES 18 MINUTES 34
SECONDS WEST, 33.00 FEET TO THE WEST RIGHT-OF-WAY OF SAID 48TH
STREET AND THE POINT OF BEGINNING FROM WHICH A FOUND REBAR WITH
CAP LIES 0.04 FEET WEST AND 0.56 FEET SOUTH;
THENCE ALONG SAJD WEST RIGHT-OF-WAY, SOUTH 00 DEGREES 02 MINUTES
39 SECONDS EAST, 724.21 FEET TO THE NORTH LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 7 FROM WIDCH THE FOUND 3" BRASS CAP IN
HAND HOLE AT THE EAST QUARTER CORNER OF SAID SECTION 7 BEARS
SOUTH 89 DEGREES 18 MINUTES 34 SECONDS EAST, A DISTANCE OF 33.00
FEET;
THENCE CONTINUIN'G ALONG SAID WEST RIGHT-OF-WAY, SOUTH 00 DEGREES
23 MINUTES 42 SECONDS EAST 34.15 FEET TO THE NORTH RIGHT-OF-WAY OF
THE UNION PACIFIC RAILROAD AND THE BEGINNING OF ANON-TANGENT
CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 5762.65 FEET,
FROM WHICH BEGINNING THE RADIUS BEARS SOUTH 10 DEGREES 00
MINUTES 18 SECONDS WEST;
THENCE NORTHWESTERLY ALONG SAID CURVE AND RIGHT-OF-WAY,
THROUGH A CENTRAL ANGLE OF 04 DEGREES 31 MINUTES 24 SECONDS, AN
ARC LENGTH OF 454.95 FEET TO A POINT ON A NON-TANGENT LINE FROM
WHICH A RADIAL LINE BEARS NORTH 05 DEGREES 28 MINUTES 54 SECONDS
EAST;
THENCE NORTH 09 DEGREES 21 MINUTES 00 SECONDS WEST, 1127.51 FEET;
THENCE NORTH 00 DEGREES 03 MINUTES 12 SECONDS WEST, 173.94 FEET TO
THE SOUTH RIGHT-OF-WAY OF SAID WASHINGTON STREET;
THENCE ALONG SAID SOUTH RIGHT-OF-WAY THE FOLLOWING FOUR (4)
COURSES:
(1) SOUTH 82 DEGREES 23 MINUTES 41 SECONDS EAST, 41.06 FEET;
(2) SOUTH 83 DEGREES 27 MINUTES 51 SECONDS EAST, 266.84 FEET;
(3) NORTH 00 DEGREES 02 MINUTES 39 SECONDS WEST, 2.04 FEET;
(4) SOUTH 82 DEGREES 23 MWUTES 41 SECONDS EAST, 329.94 FEET TO THE
WEST RIGHT-OF WAY OF SAID 48th STREET;
THENCE ALONG THE WEST RIGHT-OF-WAY OF 48TH STREET, SOUTH 00
DEGREES 02 MINUTES 39 SECONDS EAST 511.96 FEET TO THE POINT OF
BEGINNING