Attachment A - Draft Ordinance - Z-27-A-11-8.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 ORDINANCE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN
(CASE Z-27-A-11-8) FROM PUD (PLANNED UNIT
DEVELOPMENT) AND PUD HP ACOD (PLANNED UNIT
DEVELOPMENT, HISTORIC PRESERVATION OVERLAY, ARTS,
CULTURE AND SMALL BUSINESS OVERLAY) TO PUD
(PLANNED UNIT DEVELOPMENT) AND PUD HP ACOD
(PLANNED UNIT DEVELOPMENT, HISTORIC PRESERVATION
OVERLAY, ARTS, CULTURE AND SMALL BUSINESS
OVERLAY).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 1.01-acre site located at the northeast corner
of 12th Street and Roosevelt Street in a portion of Section 4, Township 1 North, Range
3 East, as described more specifically in Exhibit “A”, is hereby changed from 0.47 acres
of “PUD” (Planned Unit Development) and 0.54 acres of “PUD HP ACOD” (Planned Unit
Development, Historic Preservation Overlay, Arts, Culture and Small Business Overlay)
to 0.47 acres of “PUD” (Planned Unit Development) and 0.54 acres of “PUD HP ACOD”
(Planned Unit Development, Historic Preservation Overlay, Arts, Culture and Small
Business Overlay).
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 Alwun House 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 September 28, 2020, as modified by the
following stipulations:
a.
Front cover: Revise the date information on the bottom to add the
following: Major Amendment First Submittal: July 15, 2020; Major
Amendment Second Submittal: September 8, 2020; Major Amendment
City Council adopted: [Add adoption date].
2.
The developer shall provide a No Hazard Determination for the proposed
development from the FAA pursuant to the FAA’s Form-7460 obstruction
analysis review process, prior to construction permit approval, as per plans
approved by the Planning and Development Department.
3.
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.
4.
The developer shall grant and record an aviation 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.
5.
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.
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.
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 2nd day of December
2020.
________________________________
MAYOR
ATTEST:
____________________________City Clerk
APPROVED AS TO FORM:
____________________________City Attorney
REVIEWED BY:
____________________________City Manager
Exhibits:
A – Legal Description (1 Page)
B – Ordinance Location Map (1 Page)
EXHIBIT A
LEGAL DESCRIPTION FOR Z-27-A-11
Within a portion of Section 4, Township 1 North, Range 3 East of the Gila and Salt River
Base and Meridian, Maricopa County, Arizona, being more particularly described as
follows:
Northern Parcel (APN 116-23-148B)
Lot 10 TOGETHER WITH the South 84 feet of Lots 11 and 12 in SEDLER’S ADDITION,
according to the plat of record in the Office of the County Recorder of Maricopa County,
Arizona, recorded in Book 7 of Maps, Page 27.
Southern Parcel (APN 116-23-149A)
The following real property situation in MARICOPA County, Arizona: Lots 13 and 14,
SEDLER’S ADDITION, according to Book 7 of Maps, page 27, records of MARICOPA
County, Arizona.