Attachment A - Draft Ordinance - Z-9-22-4.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 (Z-9-22-4) FROM C-2 TOD-1 (INTERMEDIATE
COMMERCIAL, INTERIM TRANSIT-ORIENTED ZONING
OVERLAY DISTRICT ONE) TO PUD (PLANNED UNIT
DEVELOPMENT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 1.71 acre property located at the southwest
corner of Central 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 “C-2 TOD-1” (Intermediate Commercial, Interim Transit-Oriented Zoning Overlay
District One) 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 Forty600 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 25, 2023, as modified by the
following stipulations:
a.
Front cover: Revise the submittal date information on the bottom to add
the following: Hearing draft submittal: May 25, 2023; City Council
adopted: [Add adoption date].
b.
Page 11, Development Standards, Parking: Add the following language to
this section: A minimum of 9 parking spaces shall include EV Installed
infrastructure.
c.
Page 13, Design Guidelines, B. Landscape: Add the following language
to this section: A minimum of 10% of the required shrubs, shall be a
milkweed or other native nectar species, and shall be planted in groups of
three or more, as approved by the Planning and Development
Department.
2.
The developer and the City must agree to enter into an agreement wherein the
developer will make a single $250,000 donation to the City of Phoenix
Developer Deposit Account prior to final site plan approval to construct
improvements along the Grand Canal between Central Avenue and 3rd Avenue,
as approved by the Planning and Development Department.
If it is not possible for the City to reach an agreement with the necessary
jurisdictional partners such as the Salt River Project after 5 years from the date
of deposit, the funds shall be transferred to the Housing Department to fund the
development of affordable housing in the District 4 City Council District.
3.
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.
4.
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.
5.
A minimum of 25 feet of right-of-way shall be dedicated along the south half of
Coolidge Street, as approved by the Planning and Development Department.
6.
Detached sidewalk streetscapes must be located within right-of-way or an
appropriate sidewalk easement, as approved by the Street Transportation
Department.
7.
The developer shall underground existing electrical utilities within the public
right-of-way that are impacted or, to be relocated as part of this project.
Coordinate with the affected utilities company for their review and permitting.
8.
This parcel is in a Special Flood Hazard Area (SFHA) called Zone A, on panel
1740L 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.
9.
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.
10.
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.
11.
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.
12.
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.
13.
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 6th day of September,
2023.
________________________________
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 NORTHWEST QUARTER OF SECTION 20,
TOWNSHIP 2 NORTH, RANGE 3 EAST, OF THE GILA AND SALT RIVER
BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF NORTH CENTRAL AVENUE AND
COOLIDGE STREET, AS SHOWN ON THE FINAL PLAT OF SUBURBAN
ACRES, BOOK 13 OF MAPS, PAGE 22, MARICOPA COUNTY RECORDS;
THENCE SOUTH 00°14’54” WEST (BASIS OF BEARINGS), ALONG THE
CENTERLINE OF SAID NORTH CENTRAL AVENUE, A DISTANCE OF
271.69 FEET TO A POINT ON THE EASTERLY PROJECTION OF A LINE
THAT IS PARALLEL WITH AND 25 FEET SOUTH OF, AS MEASURED BY
RIGHT ANGLES, THE SOUTH LINE OF LOT 1 OF SAID SUBURBAN
ACRES;
THENCE NORTH 85°05’23” WEST, ALONG SAID PARALLEL LINE AND
ITS EASTERLY PROJECTION, A DISTANCE OF 286.24 FEET TO A POINT
ON THE SOUTHERLY AND NORTHERLY PROJECTION OF THE EAST
LINE OF THE WEST 50 FEET OF LOTS 1 AND 2 OF SAID SUBURBAN
ACRES;
THENCE NORTH 00°14’54” EAST, ALONG SAID EAST LINE AND
ITS SOUTHERLY AND NORTHERLY PROJECTION, A DISTANCE
OF 249.95 FEET TO THE CENTERLINE OF SAID COOLIDGE
STREET;
THENCE SOUTH 89°26’38” EAST, ALONG THE CENTERLINE OF SAID
COOLIDGE STREET, A DISTANCE OF
285.30 FEET TO THE POINT OF BEGINNING.
CONTAINING 74,411 SQ.FT. OR 1.7082 ACRES,
MORE OR LESS.