Attachment A - Draft Ordinance - Z-92-26-6.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-92-26-6) FROM PSC CEPCSP (PLANNED SHOPPING CENTER, CAMELBACK EAST PRIMARY CORE SPECIFIC PLAN), R-4 CEPCSP (MULTI-FAMILY RESIDENCE DISTRICT, CAMELBACK EAST PRIMARY CORE SPECIFIC PLAN), AND P-2 CEPCSP (PARKING, CAMELBACK EAST PRIMARY CORE SPECIFIC PLAN) TO C-2 M-R CEPCSP (INTERMEDIATE COMMERCIAL, MID-RISE DISTRICT, CAMELBACK EAST PRIMARY CORE SPECIFIC PLAN) AND C-2 CEPCSP (INTERMEDIATE COMMERCIAL, CAMELBACK EAST PRIMARY CORE SPECIFIC PLAN). ____________ BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as follows: SECTION 1. The zoning of a 28.40-acre site located at the southeast corner of SR-51 and Camelback Road in a portion of Section 22, Township 2 North, Range 3 East, as described more specifically in Exhibit “A,” is hereby changed from 25.27 acres of “PSC CEPCSP” (Planned Shopping Center, Camelback East Primary Core Specific Plan), 1.92 acres of “R-4 CEPCSP” (Multi-Family Residence District, Camelback East Primary Core Specific Plan), and 1.21 acres of “P-2 CEPCSP” (Parking, Camelback East Primary Core Specific Plan) to 25.38 acres of “C-2 M-R CEPCSP” (Intermediate Commercial, Mid-Rise District, Camelback East Primary Core Specific Plan) and 3.02 acres of “C-2 CEPCSP” (Intermediate Commercial, Camelback East Primary Core Specific Plan). 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. The first phase of development shall be in general conformance with the conceptual building elevations date stamped June 10, 2026, as modified by the following stipulations and approved by the Planning and Development Department. 2. For the first phase of development directly adjacent to the building on the south and east, a minimum 5-foot-wide pedestrian walkway and a minimum 5-foot-wide landscape strip between the walkway and adjacent parking spaces or drive aisles shall be provided, as generally shown on the conceptual landscape plan date stamped June 10, 2026, as approved by the Planning and Development Department. 3. The first phase of development, as depicted on the site plan date stamped June 10, 2026, shall have a height limit of 84 feet. The remainder of the M-R zoned site shall have a height limit of 56 feet. A Planning Hearing Officer application may be submitted for future phases to achieve the bonus height up to 84 feet, upon demonstration of provision of amenities shown in Table F, Section 5.3.5 Development/Bonus Matrix beginning on Page 64 of the Camelback East Primary Core Specific Plan, or to achieve a bonus height up to 165 feet for an urban mall alternative, upon demonstration of compliance with conditions 1 and 2.a through 2.f listed on pages 29 and 30, Section 4.2.3 of the Camelback East Primary Core Specific Plan. 4. Except for the first phase of development as generally shown on the conceptual site plan date stamped June 10, 2026, for any development or addition greater than 5,000 square feet directly adjacent to the Pedestrian Spine, as shown on Map 8, Pedestrian Facilities Plan, on page 45 of the Camelback East Primary Core Specific Plan, a pedestrian pathway shall be provided, for the section of the Pedestrian Spine within or adjacent to the proposed development, consistent with the following standards, and as approved by the Planning and Development Department. For any additions to existing buildings, this requirement shall only apply to new floor area directly adjacent to the Pedestrian Spine. For any new development or redevelopment of an existing building, this requirement shall apply if the scope of the approved site plan includes or is directly adjacent to the Pedestrian Spine. a. The pathway shall adhere to the requirements of Section 1304.H of the Phoenix Zoning Ordinance, except as modified by the stipulations of this case. b. A pedestrian pathway easement a minimum of 20 feet wide shall be provided, of which 12 feet of the width shall always be kept completely free of any and all impediments to pedestrian travel including poles, bollards, signs benches, tables, chairs, easels, stalls, space heaters, etc., while the remaining 8 feet may be used for such pedestrian friendly uses such as restaurant seating, vendors’ stalls, artists’ displays, etc. c. The pathway may be constructed at the current location of the Pedestrian Spine or relocated to an alignment within the Pedestrian Corridor as long as a continuous Pedestrian Spine is maintained at all times. d. Where on-site vehicular drive aisles intersect the Pedestrian Spine, a raised, traffic‑calming pedestrian crossing or speed table shall be constructed at the point of intersection, as approved by the Planning and Development Department. e. The pathway shall be lined on both sides with either of the following elements, or a combination of the two: (1) A minimum 5-foot-wide landscape strip, except where drive aisles cross the pathway where necessary. Structural shade elements may be used, and footers may be placed within the landscape strip along the pathway. (2) Building frontages meeting the glazing requirements of a minimum of 75% of the ground floor frontages facing the pedestrian pathway, measured as the area between 3 and 8 feet above grade for the entire width of the facade, consisting of clear windows that will allow a minimum of 75% of the visible light (as specified by the manufacturer) to be visible on either side of the window. 5. For any new development, a minimum 5-foot-wide pedestrian path, meeting the requirements of Section 1304.H, subparts 3 through 6, of the Zoning Ordinance, shall be provided connecting the proposed development to the Pedestrian Spine, as approved by the Planning and Development Department. The pedestrian path shall be shaded by a structure, landscaping, or a combination of the two to provide a minimum of 75% shade. The first phase of development, as generally shown on the site plan date stamped June 10, 2026, shall be exempt from this requirement until redevelopment (any development or addition exceeding 10,000 square feet of building area) of the portion of the site between the first phase and the Pedestrian Spine occurs. 6. Upon the future development of a building exceeding 56 feet in height after the first phase of development generally shown on the conceptual site plan date stamped June 10, 2026, the developer shall: a. Conduct a feasibility and concept study to be submitted to the Street Transportation Department for review and acceptance to estimate the cost to design and construct a pedestrian bridge over the SR 51, adjacent to the Site (the “Pedestrian Bridge Cost”). b. Deposit the following, as applicable, into an escrow account with the Street Transportation Department prior to building permit issuance associated with reaching the respective development increment / benchmark: (1) Development Increment / Benchmark 1: A proportional contribution up to a maximum of 25% of the Pedestrian Bridge Cost upon the development or redevelopment of 10.05 net acres (approximately 40% of the overall rezoning area), as defined below. (2) Development Increment / Benchmark 2: A proportional contribution, including the proportional contribution previously deposited for Development Increment / Benchmark 1, up to a maximum of 37% of the Pedestrian Bridge Cost upon the development or redevelopment of 15.08 net acres (approximately 60% of the overall rezoning area), as defined below. (3) Development Increment / Benchmark 3: A proportional contribution, including the proportional contribution(s) previously deposited for Development Increment / Benchmark 1 and/or 2, up to a maximum of 50% of the Pedestrian Bridge Cost upon the development or redevelopment of 20.10 net acres (approximately 80% of the overall rezoning area), as defined below. The area of development or redevelopment to be applied towards each development increment / benchmark listed above shall include: 1) the entire acreage of each approved site plan, including parking, landscape, and other site improvements, associated with the new building; and/or 2) the expanded portion of an existing building footprint associated with a building addition exceeding 10,000 square feet of floor area. For any site plan approval associated with a new building and/or expanded building footprint associated with a building addition exceeding 10,000 square feet in floor area, the developer shall submit an updated analysis tracking the development progress toward reaching the development increments / benchmarks listed above to the Planning and Development Department. The proportional contribution amount associated with each development increment / benchmark listed above shall be a proportion of the applicable maximum contribution of the Pedestrian Bridge Cost equal to the proportion of the total building footprint area of building(s) exceeding 56 feet in height in relation to the total building footprint area of all buildings within the applicable development or redevelopment threshold area (Example: if 50% of the total building footprint of buildings within the development or redevelopment area exceeds 56 feet in height, at the time of Benchmark 1 (10.05 acres), a proportional contribution of 12.5% of the Pedestrian Bridge Cost would be made). 7. Development shall deposit $160,000.00 in escrow for a HAWK device at the existing 20th Street pedestrian crossing, to the Street Transportation Department prior to receiving a building permit for the first site plan approval in the rezoning area. The applicant may request a refund of escrow if the HAWK has not been constructed within 5 years of receiving a certificate of occupancy. For any new development, including the first phase as applicable and as noted, the following stipulations shall apply and shall be limited to the scope of the proposed development. 8. Bicycle parking shall be provided, consistent with the requirements of Section 1307.H of the Zoning Ordinance, except that bicycle parking for multifamily residential development may be located in a secure room anywhere in the building with resident access. 9. A minimum of 10% of the required vehicle parking spaces shall include EV Capable infrastructure, which shall be defined as the conduits necessary to distribute electrical service to locations for the future installation of charging stations. 10. All bicycle infrastructure and pedestrian pathways, including sidewalks, but excluding the pedestrian path directly adjacent to the Piestewa Freeway frontage, shall be shaded by a structure, landscaping, or a combination of the two to provide a minimum of 75% shade, as approved by the Planning and Development Department. 11. 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. 12. Natural turf shall only be utilized for required retention areas (bottom of basin, and only allowed on slopes if required for slope stabilization) and functional turf areas, as approved by the Planning and Development Department. 13. A minimum of 25% of the surface parking areas shall be shaded, as approved by the Planning and Development Department. Shade may be achieved by structures or by minimum 2-inch caliper, drought tolerant, shade trees, or a combination thereof. 14. A minimum of one green stormwater infrastructure (GSI) element for stormwater management shall be implemented, as approved or modified by the Planning and Development and/or Street Transportation departments. This includes but is not limited to stormwater harvesting basins, bioswales, permeable pavement, etc., per the Greater Phoenix Metro Green Infrastructure and Low Impact Development Details for Alternative Stormwater Management. 15. Prior to final site plan approval, documentation shall be provided that demonstrates a commitment to participate in the City of Phoenix Business Water Efficiency Program for a minimum of 10 years, or as approved by the Planning and Development Department. 16. All mitigation improvements shall be constructed and/or funded as identified in the accepted Traffic Impact Analysis dated January 7, 2026, for the multi-family development, as depicted on the site plan date stamped June 10, 2026. All subsequent developments within the rezoning area, shall require an updated site-specific Traffic Impact Analysis to be submitted and accepted by the Street Transportation Department prior to receiving preliminary site plan approval, or as otherwise required by the Street Transportation Department. 17. Existing streetscape beginning at back of curb and median islands shall be replenished with landscaping and trees, planted to the following standards, along Camelback Road and Highland Avenue, as approved by the Planning and Development Department. a. Minimum 2-inch caliper, single-trunk, large canopy, shade trees planted 20 feet on center, or in equivalent groupings. b. Shrubs, accents and vegetative groundcovers maintained to a maximum height of three feet (excluding accents) evenly distributed throughout the landscape area to achieve a minimum of 75% live coverage. Where utility conflicts exist, the developer shall work with the Planning and Development Department on alternative design solutions consistent with a pedestrian environment for installing the required plants. 18. 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. 19. 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. 20. 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. 21. 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 4th day of November, 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 (3 Pages) B – Ordinance Location Map (1 Page) EXHIBIT A LEGAL DESCRIPTION FOR Z-92-26-6 C-2 M-R CEPCSP LOCATED WITHIN A PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 2 NORTH, RANGE 3 EAST, GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA. COMMENCING AT THE SOUTHEAST CORNER OF LOT 8 AS SHOWN IN THE FINAL PLAT OF THE CAMELBACK COLONNADE RECORDED IN BOOK 385, PAGE 46, MARICOPA COUNTY RECORDER’S OFFICE; THENCE, N00°00'01"W ALONG THE EAST LINE OF SAID LOT 8 A DISTANCE OF 110.00 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID EAST LINE, S89°59'15"W A DISTANCE OF 621.52 FEET TO THE EASTERLY RIGHT OF WAY LINE OF 18TH STREET; THENCE, N00°44'20"E ALONG SAID EASTERLY LINE A DISTANCE OF 179.49 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF 18TH STREET; THENCE DEPARTING SAID EASTERLY LINE, N90°00’00”W ALONG SAID NORTHERLY LINE A DISTANCE OF 35.00 FEET TO THE WESTERLY RIGHT OF WAY LINE OF 18TH STREET; THENCE DEPARTING SAID NORTHERLY LINE, S00°44'20"W ALONG SAID WESTERLY A DISTANCE OF 179.45 FEET; THENCE DEPARTING SAID WESTERLY LINE, S89°59'30"W A DISTANCE OF 206.68 FEET TO THE EASTERLY RIGHT OF WAY LINE OF STATE ROUTE 51; THENCE, N13°38'55"W ALONG SAID EASTERLY LINE A DISTANCE OF 73.98 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE RIGHT; THENCE, NORTHERLY ALONG SAID CURVE AN ARC LENGTH OF 109.96 FEET, WITH A RADIUS OF 1837.81 FEET AND THE RADIAL BEARING OF N76°21'12"E AND A CENTRAL ANGLE OF 03°25'41" TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE RIGHT; THENCE, NORTHERLY ALONG SAID CURVE AN ARC LENGTH OF 349.90 FEET, WITH A RADIUS OF 1832.82 FEET AND THE RADIAL BEARING OF N79°47'34"E AND A CENTRAL ANGLE OF 10°56'17"; THENCE ALONG A LINE NON-TANGENT TO SAID CURVE, N00°43'53"E, A DISTANCE OF 553.50 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF CAMELBACK ROAD; THENCE, N79°06'15"E ALONG SAID SOUTHERLY LINE A DISTANCE OF 79.93 FEET; THENCE CONTINUING ALONG SOUTHERLY LINE, N79°47'16"E A DISTANCE OF 44.53 FEET; THENCE CONTINUING ALONG SOUTHERLY LINE, N90°00'00"E A DISTANCE OF 802.88 FEET; THENCE DEPARTING SAID SOUTHERLY LINE, S00°00'00"W ALONG THE EAST LINE OF LOT 1 OF SAID FINAL PLAT OF THE CAMELBACK COLONNADE, A DISTANCE OF 1103.96 FEET TO THE POINT OF BEGINNING. C-2 CEPCSP Portion East of 18th Street LOCATED WITHIN A PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 2 NORTH, RANGE 3 EAST, GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA. BEGINNING AT THE SOUTHEAST CORNER OF LOT 8 AS SHOWN IN THE FINAL PLAT OF THE CAMELBACK COLONNADE RECORDED IN BOOK 385, PAGE 46, MARICOPA COUNTY RECORDER’S OFFICE; THENCE, S89°59'30"W ALONG THE NORTHERLY RIGHT OF WAY LINE OF HIGHLAND AVENUE A DISTANCE OF 188.09 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE, N00°00'30"W A DISTANCE OF 4.00 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE, S89°59'30"W A DISTANCE OF 20.00 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE, S00°00'30"E A DISTANCE OF 4.00 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE, S89°59'30"W A DISTANCE OF 277.84 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE, N84°31'06"W A DISTANCE OF 125.43 FEET; THENCE, N44°38'05"W A DISTANCE OF 16.86 FEET TO THE EASTERLY RIGHT OF WAY LINE OF 18TH STREET; THENCE, N00°44'20"E ALONG SAID EASTERLY LINE A DISTANCE OF 85.96 FEET; THENCE DEPARTING SAID EASTERLY LINE, N89°59'15"E A DISTANCE OF 621.52 FEET TO THE EAST LINE OF LOT 8; THENCE, S00°00'01"E ALONG SAID EAST LINE A DISTANCE OF 110.00 FEET TO THE POINT OF BEGINNING. Portion West of 18th Street LOCATED WITHIN A PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 2 NORTH, RANGE 3 EAST, GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA. COMMENCING AT THE SOUTHEAST CORNER OF LOT 8 AS SHOWN IN THE FINAL PLAT OF THE CAMELBACK COLONNADE RECORDED IN BOOK 385, PAGE 46, MARICOPA COUNTY RECORDER’S OFFICE; THENCE, N00°00'01"W ALONG THE EAST LINE OF SAID LOT 8 A DISTANCE OF 9.90 FEET; THENCE DEPARTING SAID EAST LINE, N90°00’00W A DISTANCE OF 669.82 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF HIGHLAND AVENUE, SAID POINT BEING THE POINT OF BEGINNING; THENCE, S89°59'30"W ALONG SAID NORTHERLY LINE A DISTANCE OF 169.10 FEET TO THE EASTERLY RIGHT OF WAY LINE OF STATE ROUTE 51 ; THENCE, N13°38'55"W ALONG SAID EASTERLY LINE A DISTANCE OF 102.90 FEET; THENCE DEPARTING SAID EASTERLY LINE, N89°59'30"E A DISTANCE OF 206.68 FEET TO THE WESTERLY RIGHT OF WAY LINE OF 18TH STREET; THENCE, S00°44'19"W ALONG SAID WESTERLY LINE A DISTANCE OF 88.01 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE, S45°22'31"W A DISTANCE OF 17.08 FEET TO THE POINT OF BEGINNING.