Attachment A - Draft Ordinance - Z-2-22-4.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-2-22-4) FROM R1-6 HP CNSPD (SINGLE-FAMILY
RESIDENCE DISTRICT, HISTORIC PRESERVATION,
CORONADO NEIGHBORHOOD SPECIAL PLANNING DISTRICT),
R-3A CNSPD (MULTIFAMILY RESIDENCE DISTRICT,
CORONADO NEIGHBORHOOD SPECIAL PLANNING DISTRICT),
P-1 CNSPD (PASSENGER AUTOMOBILE PARKING, LIMITED,
CORONADO NEIGHBORHOOD SPECIAL PLANNING DISTRICT),
AND C-2 CNSPD (INTERMEDIATE COMMERCIAL DISTRICT,
CORONADO NEIGHBORHOOD SPECIAL PLANNING DISTRICT)
TO PUD CNSPD (PLANNED UNIT DEVELOPMENT, CORONADO
NEIGHBORHOOD SPECIAL PLANNING DISTRICT) AND PUD HP
CNSPD (PLANNED UNIT DEVELOPMENT, HISTORIC
PRESERVATION, CORONADO NEIGHBORHOOD SPECIAL
PLANNING DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 5.16-acre site located at the northwest
corner of 11th Street and McDowell Road, in a portion of Section 33, Township 2 North,
and Range 3 East, as described more specifically in Exhibit “A”, is hereby changed from
1.49 acres of “R1-6 HP CNSPD” (Single-Family Residence District, Historic
Preservation, Coronado Neighborhood Special Planning District), 0.74-acres of “R-3A
CNSPD” (Multifamily Residence District, Coronado Neighborhood Special Planning
District), 1.40 acres of “P-1 CNSPD” (Parking District – Passenger Automobile Parking,
Limited, Coronado Neighborhood Special Planning District), and 1.53 acres of “C-2
CNSPD” (Intermediate Commercial District, Coronado Neighborhood Special Planning
District) to 4.05-acres of “PUD CNSPD” (Planned Unit Development, Coronado
Neighborhood Special Planning District) and 1.11 acres of “PUD HP CNSPD” (Planned
Unit Development, Historic Preservation, Coronado Neighborhood Special Planning
District).
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 11th Street and 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 December 23, 2022, as modified by the
following stipulations:
a.
Page 10, Permitted Uses, Mixed-Use Residential / Commercial Land Use
Category: Modify the requirement for a minimum square footage of
commercial to read as follows:
Shall provide a minimum of 5,000 square feet non-residential uses. Non-
residential uses shall not include, lobby, exercise, receptions areas, or
other similar uses intended for exclusive use by residents. All non-
residential uses shall have their primary access from perimeter rights-of-
way.
b.
Page 12, Landscape Standards, Streetscape – Adjacent to Public Right-of
-Way: Add a section to the table that contains the following standards:
All streetscapes shall provide a detached sidewalk and a landscape strip.
Standards for the detached sidewalks and landscape strips are as
follows:
McDowell Road
o Minimum sidewalk width: 5 feet, average 6 feet
o Minimum width of landscape strip between curb and
sidewalk: 11 feet
11th Street (South of the paseo)
o Minimum sidewalk width: 5 feet
o Minimum width of landscape strip between curb and
sidewalk: 6 feet
Dayton Street (South, within 225 feet of McDowell Road)
o Minimum sidewalk width: 5 feet, average 6 feet
o Minimum width of landscape strip between curb and
sidewalk: 6 feet
Dayton Street (North, 225 feet north of McDowell Road)
o Minimum sidewalk width: 5 feet, average 6 feet
o Minimum width of landscape strip between curb and
sidewalk: 6 feet
Coronado Road
o Minimum sidewalk width: 5 feet, average 6 feet
o Minimum width of landscape strip between curb and
sidewalk: 6 feet
c.
Page 16, Landscape Standards, Minimum Open Space: Add the
following language to this section:
The paseo shall be a minimum of 20 feet in width and provide for a
continuous pedestrian connection between 11th Street and Dayton
Street. Entry points for the paseo shall be provided at both 11th Street
and Dayton Street per the Circulation Plan (Exhibit 12).
d.
Page 25, Sustainability, City Enforced Standards: Modify the standard
related to electric vehicle charging stations to read as follows:
A minimum of 20 Level 1 electric vehicle charging stations shall be
provided within the parking garage.
2.
Perpetual conservation easements, in accordance with the requirements of the
City’s Historic Preservation Office, shall be recorded on the following properties
(which constitute a portion of this site): 1622 North 11th Street (APN 117-25-
014A); 1626 North 11th Street APN 117-25-015); 1630 North 11th Street (APN
117-25-016; 1634 North 11th Street (APN 117-25-017); 1638 North 11th Street
(APN 117-25-018); 1642 North 11th Street (APN 117-25-019); and 1646 North
11th Street (APN 117-25-020), with modified boundaries consistent with the HP
zoning overlay boundary adjustment.
3.
Prior to preliminary site plan approval, the developer will present updated
building elevations for the seven-story portion of the development to the Encanto
Village Planning Committee for informational purposes only and to provide
review and comment. The intent of this meeting is to inform the committee as to
how the developer has enhanced the visual presence of the building via the
following architectural features:
•
Use of color
•
Material changes
•
Artistic elements and murals on the ground floor
The elevations shall be consistent with the conceptual elevations (Exhibit 10) in
the PUD Narrative date stamped December 23, 2022, as approved by the
Planning and Development Department.
4.
The developer shall dedicate a minimum 40-foot of right-of-way and minimum 4-
foot-wide sidewalk easement along the north side of McDowell Road, as
approved by the Planning and Development and Street Transportation
departments.
5.
All minimum streetscape requirements within the PUD Narrative shall be
completely located within right-of-way or appropriate sidewalk easement, as
modified and approved by the Planning and Development and Street
Transportation departments.
6.
The developer shall provide $115,000 in escrow to fund a traffic control device
along McDowell Road prior to preliminary site plan approval and as approved by
the Street Transportation Department.
7.
The applicant shall submit a Traffic Impact Study 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.
8.
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.
9.
The developer shall work with the Street Transportation Department, Traffic
Services Division, for the application submission for speed hump/s along Dayton
Street between McDowell Road and Coronado Road, prior to preliminary site
plan approval. Improvements are subject to public petitioning approval per the
Speed Hump Program requirements from all property owners on the west and
east side of Dayton Street from McDowell Road to Coronado Road. The
developer shall be responsible for providing all funding of such improvements
prior to requesting certificate of occupancy.
10.
The property owner shall record documents that disclose the existence, and
operational characteristics of the Phoenix Sky Harbor International 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.
11.
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.
12.
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 5th day of April, 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 (3 Pages)
B – Ordinance Location Map (1 Page)
EXHIBIT A
Legal Description for the Mixed-Use Residential/Commercial Land Use Category
(PUD CNSPD):
LOCATED WITHIN A PORTION OF THE SOUTHWEST QUARTER OF SECTION 33,
TOWNSHIP 2 NORTH, RANGE 3 EAST OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, MARICOPA COUNTY, ARIZONA DESCRIBED AS FOLLOWS:
PARCEL 3, LOT 1, OF "MEDICAL CARE INTERNATIONAL PHOENIX SURGICENTER
SUBDIVISION AMENDED", ACCORDING TO THE OFFICIAL PLAT THEREOF ON
FILE AND RECORDED SEPTEMBER 11, 2003 AS INSTRUMENT NO. 2003-1275151
IN BOOK 651 OF PLATS AT PAGE 35 OF OFFICIAL RECORDS OF MARICOPA
COUNTY, ARIZONA.
TOGETHER WITH AND INCLUDING A PORTION OF LOTS 4 THROUGH 10,
FRANCES HEIGHTS, AMENDED, ACCORDING TO THE OFFICIAL PLAT THEREOF
ON FILE AND RECORDED IN BOOK 7 OF PLATS AT PAGE 35 OF OFFICIAL
RECORDS OF MARICOPA COUNTY, ARIZONA.
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 4, FRANCES
HEIGHTS, AMENDED:
THENCE SOUTH 00°00'39" EAST, A DISTANCE OF 236.09 FEET (RECORD) 263.43
FEET (MEASURED) ALONG THE WESTERLY RIGHT OF WAY LINE FOR 11TH
STREET;
THENCE SOUTH 44°36'33" WEST, A DISTANCE OF 9.96 FEET TO THE
NORTHERLY RIGHT OF WAY LINE FOR MCDOWELL ROAD;
THENCE CONTINUING ALONG THE NORTHERLY RIGHT OF WAY LINE OF
MCDOWELL ROAD THE FOLLOWING COURSES AND DISTANCES. NORTH
89°13'46" WEST, A DISTANCE OF 140.34 FEET:
THENCE SOUTH 00°00'23" EAST, A DISTANCE OF 4.50 FEET;
THENCE NORTH 89°13'46" WEST, A DISTANCE OF 135.35 FEET (RECORD) 135.42
FEET (MEASURED);
THENCE LEAVING THE NORTHERLY RIGHT OF WAY FOR MCDOWELL ROAD
NORTH 45°23'07" WEST, A DISTANCE OF 9.83' TO THE EASTERLY RIGHT OF WAY
LINE FOR DAYTON STREET;
THENCE CONTINUING ALONG THE EASTERLY RIGHT OF WAY FOR DAYTON
STREET NORTH 00°00'00" WEST, A DISTANCE OF 579.62' (RECORD) 579.97'
(MEASURED);
THENCE 18.67 FEET ALONG A CURVE CONCAVE TO THE SOUTHEAST, HAVING
A RADIUS OF 12.00 FEET, AND A DELTA ANGLE OF 89°08'34" TO THE
SOUTHERLY RIGHT OF WAY LINE FOR CORONADO ROAD;
CONTINUING ALONG THE SOUTHERLY RIGHT OF WAY LINE FOR CORONADO
ROAD SOUTH 89°09'54" EAST (RECORD) SOUTH 89°10'41" EAST (MEASURED) A
DISTANCE OF 176.15 FEET;
THENCE LEAVING SAID RIGHT OF WAY LINE, BEARING SOUTH 00°00'13" EAST, A
DISTANCE 351.06 FEET TO THE SOUTHERLY LINE OF LOT 4, FRANCES
HEIGHTS, AMENDED;
THENCE ALONG THE SOUTH LINE OF LOT 4, NORTH 89°13'14" EAST, A
DISTANCE OF 101.65' TO THE POINT OF BEGINNING.
Legal Description for the Historic Homes Land Use Category (PUD CNSPD HP):
LOCATED WITHIN A PORTION OF THE SOUTHWEST QUARTER OF SECTION 33,
TOWNSHIP 2 NORTH, RANGE 3 EAST OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, MARICOPA COUNTY, ARIZONA DESCRIBED AS FOLLOWS:
LOT 4, FRANCES HEIGHTS, AMENDED, ACCORDING TO THE OFFICIAL PLAT
THEREOF ON FILE AND RECORDED IN BOOK 7 OF PLATS AT PAGE 35 OF
OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA.
LESS AND EXCEPT FROM SAID LOT 4: ALL THAT PORTION INCLUDED WITHIN
THE FINAL PLAT OF "MEDICAL CARE INTERNATIONAL PHOENIX SURGICENTER
SUBDIVISION", ACCORDING TO THE OFFICIAL PLAT THEREOF ON FILE AND
RECORDED IN BOOK 350 OF PLATS AT PAGE 40, AND THE FINAL PLAT OF
"MEDICAL CARE INTERNATIONAL PHOENIX SURGICENTER SUBDIVISION
AMENDED" ACCORDING TO THE OFFICIAL PLAT THEREOF ON FILE AND
RECORDED SEPTEMBER 11, 2003 AS INSTRUMENT NO. 2003-1275151 IN BOOK
651 OF PLATS AT PAGE 35 OF OFFICIAL RECORDS OF MARICOPA COUNTY,
ARIZONA.
LESS AND EXCEPT FROM THAT PORTION OF LOT 4, FRANCES HEIGHTS,
AMENDED ACCORDING TO THE OFFICIAL PLAT THEREOF ON FILE AND
RECORDED IN BOOK 7 OF PLATS AT PAGE 35 OF THE OFFICIAL RECORDS OF
MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH EAST CORNER OF LOT 4, FRANCES HEIGHTS,
AMENDED ACCORDING TO THE OFFICIAL PLAT THEREOF ON FILE AND
RECORDED IN BOOK 7 OF PLATS AT PAGE 35 OF THE OFFICIAL RECORDS OF
MARICOPA COUNTY ARIZONA.
THENCE SOUTH 89°13'14" WEST, A DISTANCE OF 101.65 FEET TO THE POINT OF
BEGINNING.
THENCE CONTINUING SOUTH 89°13'14" WEST, A DISTANCE OF 23.17 FEET;
THENCE NORTH 45°23'20" WEST, A DISTANCE OF 21.07 FEET;
THENCE NORTH 00°00'23" WEST (RECORD) NORTH 00°00'13" WEST
(MEASURED), A DISTANCE OF 35.07 FEET;
THENCE SOUTH 89°18'22" EAST, A DISTANCE OF 38.16 FEET;
THENCE SOUTH 00°00'13" EAST, A DISTANCE OF 50.00 FEET TO THE POINT OF
BEGINNING.
TOGETHER WITH AND IN ADDITION TO:
LOTS 5 THROUGH 10, FRANCES HEIGHTS, AMENDED, ACCORDING TO THE
OFFICIAL PLAT THEREOF ON FILE AND RECORDED IN BOOK 7 OF PLATS AT
PAGE 35 OF OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA.
LESS AND EXCEPT FROM THE WEST 38.16 FEET OF LOTS 5 THROUGH 10 OF
FRANCES HEIGHTS, AMENDED ACCORDING TO THE OFFICIAL PLAT THEREOF
ON FILE AND RECORDED IN BOOK 7 OF PLATS AT PAGE 35 OF THE OFFICIAL
RECORDS OF MARICOPA COUNTY ARIZONA.