Attachment A - Draft Ordinance - Z-24-26-7.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-24-26-7) FROM C-2 (INTERMEDIATE COMMERCIAL), CP/GCP (COMMERCE PARK DISTRICT, GENERAL COMMERCE PARK OPTION), and A-1 (LIGHT 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 65.59 acre site located at the southeast corner of 63rd Avenue and Lower Buckeye Road in a portion of Section 19, Township 1 North, Range 2 East, as described more specifically in Exhibit “A,” is hereby changed from 3.85 acres of “C-2” (Intermediate Commercial), 53.62 acres of “CP/GCP” (Commerce Park District, General Commerce Park Option), and 8.12 acres of “A-1” (Light 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 SWC State Route 202 & Lower Buckeye Road PUD reflecting the changes approved through this request shall be submitted to the Planning Department within 30 days of City Council approval of this request. The updated Development Narrative shall be consistent with Development Narrative date stamped August 31, 2026, as modified by the following stipulations. a. Front Cover, add “City Council adopted: [Insert Adoption date]”. b. Page 13, 2. Land Use Map, 2.1 Development Plan, third paragraph: Replace the second and third sentence to state the following: “The commercial development parcel is anticipated to include two right- in/right-out driveways along Lower Buckeye Road, in addition to one full access driveway in alignment with Williams Street, and a right-in/right- out driveway a minimum of 250 feet south of Lower Buckeye Road along 63rd Avenue, or as determined by a site specific Traffic Impact Analysis. The employment parcel will have a maximum of two driveways restricting southbound truck turns on 63rd Avenue. The ultimate locations and configurations will conform to the latest edition of the City of Phoenix Street Planning and Design Guidelines or as approved by the Streets Department.” c. Page 14: 2. Land Use Map, 2.2 Phasing, Exhibit 4: Conceptual Land Use Plan: Remove “60 R/W, 2 Lanes + Center Turn.” d. Page 22, 4. Development Standards, Table 5: Development Standards – Landscape, South (Parcel B): Add the following to the end of the row “Minimum 50% shade coverage required.” e. Page 22, 4. Development Standards, Table 5: Development Standards – Landscape, 63rd Avenue (Parcel A): Modify to state “63rd Avenue (Parcel A and B).” f. Page 23, 4. Development Standards, 4.1 General Development Standards, Table 6: Development Standards – Trails: Modify 63rd Avenue to state “A 30-foot-wide multi-use trail easement with a minimum 8-foot-wide multi-use-trail constructed on the east side of 63rd Avenue south of Elwood Street to City of Phoenix standards, as approved by the Planning & Development Department.” g. Page 23, 4. Development Standards, 4.2 Streetscape, Table 7: Development Standards – Streetscape Standards: Add footnote (B) to Lower Buckeye Road to state the following, “or as otherwise approved by the Arizona Department of Transportation.” h. Page 24, 4. Development Standards, 4.3 Commercial Plazas and Amenity Areas, Requirements, 1.d: Modify to state “Pedestrian plaza shall include a minimum of three of the following:” i. Page 24, 4. Development Standards, 4.4 Public Art: Modify title to “Art Installations.” j. Page 25, 4. Development Standards, 4.4 Public Art (Art Installations), Requirements: Delete d.(3): Decorative Screen Wall Integration and renumber accordingly. k. Page 29, 5. Design Requirements and Guidelines, 5. Shade: Modify a. to state “A minimum of 75% shade (Calculation shall be made…” l. Page 33, 6. Signs, First Paragraph, second sentence: Modify to state “The PUD shall not be constructed to…” m. Page 33, 6. Signs, Second Paragraph: Delete the last sentence, “Any conflict between this PUD and Section 705.2 of the Zoning Ordinance, the PUD shall prevail.” 2. Site plans and building elevations shall be presented for review and comment to the Estrella Village Planning Committee prior to preliminary site plan approval. 3. A minimum 28-foot, 6-inch right-of-way tapering to a minimum width established by a forthcoming site-specific TIA shall be dedicated to accommodate a flared intersection at 63rd Avenue and Lower Buckeye Road, as required by the Street Transportation Department. The 63rd Avenue roadway (back of curb to back of curb) improvements (including lane widths, buffer dimension, and bike lane widths) shall be consistent with the Collector E cross section. 4. A sidewalk easement on the east side of 63rd Avene extending from the right- of-way to a minimum of 16-feet from the back of sidewalk shall be dedicated. 5. All vehicular access to 63rd Avenue shall be in conformance with the forthcoming accepted site-specific TIA, as required by the Street Transportation Department. 6. A minimum 55-foot right-of-way shall be dedicated on the south side of Lower Buckeye Road, tapering to a width established by the forthcoming site-specific accepted TIA to accommodate a flared intersection at 63rd Avenue and Lower Buckeye Road, as required by the Street Transportation Department. 7. An updated site-specific Traffic Impact Analysis (TIA) shall be submitted and accepted prior to the preliminary site plan review submittal. The TIA shall include, but is not limited to, analyzing the proposed developments impact on intersections, vehicular access locations, and right-turn deceleration warrants. All mitigation improvements shall be constructed and/or funded as identified in the accepted site-specific Traffic Impact Analysis. 8. A minimum 30-foot wide Mutli-Use Trail Easement (MUTE) shall be dedicated adjacent to the southern property line and a Multi-Use trail shall be constructed along the WAPA Corridor to City standards. 9. A high-visibility crosswalk with a Rapid Flashing Beacon (RFB) shall be fully funded and constructed at the Elwood Street and 63rd Avenue intersection, as approved by the Street Transportation Department. An alternative location for the high-visibility crosswalk with an RFB may be considered with approval of the Street Transportation Department. 10. All access control on Lower Buckeye Road shall be reviewed and approved by the Arizona Department of Transportation. 11. All mitigation improvements shall be constructed and/or funded as identified in the accepted Traffic Impact Analysis dated September 21, 2026 and any subsequent site-specific Traffic Impact Analysis accepted by the Street Transportation Department. 12. Existing SRP facilities along 63rd Avenue are to be relocated outside of City right-of-way, unless otherwise approved by the Street Transportation Department. Relocations that require additional dedications or land transfer require completion prior to obtaining plat and/or civil plan review approval. 13. Replace unused driveways with sidewalk, curb and gutter. Also, replace any broken or out-of-grade curb, gutter, sidewalk, and curb ramps on all streets and upgrade all off-site improvements to be in compliance with current ADA guidelines. 14. All streets within and adjacent to the development shall be constructed 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 15. The developer shall construct a bus pad conforming with standard Detail P1260 on eastbound Lower Buckeye Road. The pad shall be located east of 63rd Avenue according to P1258. The bus pad must be located within the public right-of-way or within a transit easement that the developer dedicates. 16. If determined necessary by the Phoenix Archaeology 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 Archaeologist prior to clearing and grubbing, landscape salvage, and/or grading approval. 17. If Phase I data testing is required, and if, upon review of the results from the Phase I data testing, the City Archaeologist, in consultation with a qualified archaeologist, determines such data recovery excavations are necessary, the applicant shall conduct Phase II archaeological data recovery excavations. 18. 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. 19. Prior to final 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 21st day of October, 2026. ________________________________ MAYOR ATTEST: _________________________ Denise Archibald, City Clerk APPROVED AS TO FORM: Julie M. Kriegh, City Attorney By: _________________________ _________________________ REVIEWED BY: _________________________ Ed Zuercher, City Manager Exhibits: A – Legal Description (2 Pages) B – Ordinance Location Map (1 Page) EXHIBIT A LEGAL DESCRIPTION FOR Z-24-26-7 That portion of the Northeast quarter (NE ¼) of Section 19, Township 1 North, Range 2 East, Gila and Salt River Meridian, Maricopa County, Arizona, described as Follows: Commencing at a 3-inch City of Pheonix brass cap in handhole marking the North corner of said Section 19, being North 00°35’26” East 2636.43 feet from a ½ inch rebar with affixed washer stamped “LS 38862” marking the center quarter corner of said Section 19. Thence along the North-South mid section line of said Section 19, South 00°35’26” West 33.00 feet to the existing southerly right of way line of Lower Buckeye Road; Thence along said existing southerly right of way line of Lower Buckeye Road South 88°40’28” East 43.77 feet the POINT OF BEGINNING. Thence continuing along said existing southerly right of way line continuing South 88°40’28” East 378.57 feet; Thence continuing along said existing southerly right of way line South 87°07’51” East 472.73 feet; Thence continuing along said existing southerly right of way line South 01°19’32” West 36.45 feet; Thence continuing along said existing southerly right of way line South 87°14’25” East 112.40 feet to Point “A” for later identification; Thence along said existing westerly right of way line continuing South 87°14’25” East 274.55 feet to the existing westerly right of way line of State Route 202L (SOUTH MOUNTAIN FREEWAY); Thence along said existing westerly right of way line South 43°19’41” East 65.12 feet; Thence continuing along said existing westerly right of way line South 15°08’07” West 842.25 feet; Thence continuing along said existing westerly right of way line South 14°00’57” West 349.20 feet; Thence continuing along said existing westerly right of way line of State Route 202L South 09°16’1” West 465.70 feet; Thence continuing along said existing westerly right of way line South 04°20’08” West 362.57 feet; Thence continuing along said existing westerly right of way line South 00°41’50” West 517.60 feet to the East – West mid section line of said Section 19; Thence along said East – West mid section line of Section 19 North 88°35’15” West 754.44 feet to the existing easterly right of way line of 63rd Avenue; Thence along said existing easterly right of way line of 63rd Avenue from a Local Tangent Bearing of North 01°24’09” East along a curve to the Left having a radius of 362.66 feet, a length of 225.76 feet; Thence continuing along said easterly right of way line of 63rd Avenue North 34°15’52” West 114.21 feet; Thence continuing along said existing easterly right of way line of 63rd Avenue along a curve to the Right having a radius of 299.66 feet, a length of 28.90 feet; Thence North 00°35’26” East 989.74 feet; Thence North 00°49’31” East 1285.18 feet to the POINT OF BEGINNING. The parcel of land herein conveyed shall have no right or easement of access to or from said State Route 202L or to Lower Buckeye Road, provided however, that limited access of “Right in and Right Out Only” traffic movement shall be permitted to Lower Buckeye Road westerly of the above described Point “A”. The Access Control provisions set forth above shall be a covenant running with the land and shall be binding upon, and shall inure to the benefit of the State of Arizona, the landowner and their respective successors and assigns with respect to the property. The Access Control provisions shall also remain enforceable by the State of Arizona even if all or part of any roadway is abandoned to a local jurisdiction.