Attachment A - Draft Ordinance - Z-56-20-4
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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
(Z-56-20-4) FROM R-3 (MULTIFAMILY RESIDENCE DISTRICT)
AND R-5 (MULTIFAMILY RESIDENCE 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 3.29-acre property located at the southeast
corner of 3rd Avenue and Coolidge Street, in a portion of Section 20, Township 2 North,
Range 3 East, as described more specifically in Exhibit “A”, is hereby changed from
0.18-acres of “R-3” (Multifamily Residence District) and 3.11 acres of “R-5” (Multifamily
Residence 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,
ATTACHMENT A
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE
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Ordinance G-
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 Aura Uptown 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 April 29, 2021,
as modified by the following stipulations:
a.
Front cover: Revise the submittal date information on the bottom
to add the following: City Council adopted: [add adoption date].
b.
Page 8, Development Standards Table, Building Height: Modify
building height standard to read as follows:
North Street Frontage/West Street
Frontage: 48 feet
(units along the north and west)
East Frontage/South Frontage: 56 feet
c.
Page 8, Development Standards Table, Minimum Open Space:
Modify minimum open space standard to read as follows:
15% publicly accessible open space
5% general open space
(including canalscape)
d.
Page 9, Landscape Development Standards Table, Canalscape;
Modify the first bullet point to read as follows: A publicly
accessible landscaped greenspace area shall be provided
adjacent to the Arizona Grand Canal Trail on the south side of
the property. At minimum, the green space area will measure
4,800 square feet, 15 feet in depth for a distance of 260 feet, 7
feet in depth for a distance of 70 feet, and shall be generally
consistent with the landscape plan in Exhibit 7. A minimum of 3
pedestrian amenities, which could include but are not limited to,
benches and shade canopies shall be provided within the
landscape area.
e.
Page 9, Landscape Development Standards Table, Streetscape
(Coolidge Street and 3rd Avenue Frontages); Add a bullet point
to read as follows:
Half of the trees along the north and west perimeter shall be
salvaged, and if unsalvageable they must be replaced with a
minimum 4-inch caliper tree or two 2-inch caliper trees.
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Ordinance G-
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 1740 L 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 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 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.
6.
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.
7.
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.
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Ordinance G-
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 19th day of May 2021.
________________________________
MAYOR
ATTEST:
_____________________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Cris Meyer, City Attorney
BY: _________________________________
__________________________________
REVIEWED BY:
____________________________________
Ed Zuercher, City Manager
PML:efl:(LF21-1206):5-19-21:2256077_1.docx
Exhibits:
A – Legal Description (2 Pages)
B – Ordinance Location Map (1 Page)
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Ordinance G-
EXHIBIT A
LEGAL DESCRIPTION FOR Z-56-20-4
A PORTION OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 2
NORTH, RANGE 3 EAST OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE CALCULATED CENTER CORNER OF SAID SECTION
20, BEING THE INTERSECTION OF CENTRAL AVENUE AND CAMPBELL
AVENUE AS REFERENCED IN THE MONUMENT CORNER TIES FOR LINE
SECTION 2 CENTRAL PHOENIX LIGHT RAIL TRANSIT PROJECT, IN
DOCUMENT 2009-0003295, RECORDS OF MARICOPA COUNTY, ARIZONA;
THENCE NORTH 89 DEGREES 31 MINUTES 20 SECONDS WEST, ALONG
THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 20,
A DISTANCE OF 1,318.52 FEET TO A CITY OF PHOENIX BRASS CAP
FLUSH “RLS 39131” MARKING THE CENTERLINE OF 3RD AVENUE AND
CAMPBELL AVENUE;
THENCE NORTH 00 DEGREES 06 MINUTES 20 SECONDS WEST, ALONG
THE CENTERLINE OF SAID 3RD AVENUE, A DISTANCE OF 564.11 FEET
TO THE POINT OF BEGINNING;
THENCE CONTINUING NORTH 00 DEGREES 06 MINUTES 20 SECONDS
WEST ALONG SAID LINE, A DISTANCE OF 416.71 FEET TO THE
CENTERLINE OF 3RD AVENUE AND COOLIDGE STREET, BEING SOUTH
1.69 FEET AND 3.40 FEET OF TWO CITY OF PHOENIX BRASS CAPS;
THENCE SOUTH 89 DEGREES 27 MINUTES 41 SECONDS EAST, ALONG
THE CENTERLINE OF SAID COOLIDGE STREET A DISTANCE OF 358.31
FEET, BEING 966.10 FEET WEST OF THE INTERSECTION OF CENTRAL
AVENUE AND COOLIDGE STREET;
THENCE SOUTH 00 DEGREES 15 MINUTES 25 SECONDS WEST, A
DISTANCE OF 348.85, FEET DEPARTING SAID COOLIDGE STREET, ALONG
THE EAST LINE OF PARCEL 1 OF THAT SPECIAL WARRANTY DEED
RECORDED IN 2001-0882094, AND THE SOUTHERLY PROLONGATION
THEREOF, TO A POINT 25 FEET SOUTHERLY OF THE SOUTHERLY LINE
OF SAID PARCEL 1, MEASURED AT 90 DEGREES;
THENCE ALONG A 25 FOOT SOUTHERLY OFFSET OF THE SOUTH LINES
FOR LOTS 15, 17 AND 19 OF ‘SUBURBAN ACRES’ AS RECORDED IN
BOOK 13, PAGE 22 RECORDS OF MARICOPA COUNTY, ARIZONA,
SOUTH 72 DEGREES 19 MINUTES 53 SECONDS WEST, DISTANCE OF
65.89 FEET;
THENCE CONTINUING ALONG SAID SOUTHERLY OFFSET, SOUTH 74
DEGREES 12 MINUTES 10 SECONDS WEST, A DISTANCE OF 147.10 FEET;
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Ordinance G-
THENCE CONTINUING ALONG SAID SOUTHERLY OFFSET, SOUTH 78
DEGREES 50 MINUTES 02 SECONDS WEST, A DISTANCE OF 123.95 FEET;
THENCE SOUTH 89 DEGREES 53 MINUTES 40 SECONDS WEST, A
DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 142,789 SQUARE FEET OR 3.278 ACRES, MORE OR
LESS.
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Ordinance G--