DISTRICT 8
ORDINANCE G-5417 -
Z-78-08-8 -
4TH STREET AND JACKSON STREET
Request to hold a public hearing and approve the rezoning for the following item by adopting the Planning Commission's recommendation and the related ordinance.
Application:
Z-78-08-8 - (Appealed by Opposition)
From:
DC-W, A-1 W, and A-1 W HP
To:
PUD, PUD HP-L and PUD HP
Acreage:
11.23
Location:
Irregular shaped area at the southwest corner of 4th Street and Jackson Street
Proposal:
Planned Unit Development (PUD) allowing Commercial/Retail, Office, Hotel, Multi-family uses, Historic Preservation, and Historic Preservation Landmark designation over portions of the area
Applicant:
Jackson Street Entertainment District, LLC
Owner:
117-141 E Jackson St, LLC (et. al.)
Representative:
Lazarus and Associates
Staff:
Approved, subject to stipulations.
VPC Action:
Central City - June 8, 2009 - Approved, subject to modified stipulations. Vote: 9-5.
PC Action:
June 10, 2009 - Approved, subject to modified stipulations. Vote: 9-0.
The following stipulations are subject to discussion at the meeting and the City Council may add, delete, or amend stipulations:
Stipulations
1.
That an updated Development Narrative for the Jackson Street Entertainment District 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 March 25, 2009, as modified by the following stipulations.
2.
That the PUD shall be modified as follows:
a.
Page 23.F.1.C.7., Cultural Events - Needs to be defined.
b.
Page 23.F.1.C.20-22, Outdoor Events, Outdoor Markets, and Public and Farmer's Market - Clarify which development standards apply to these uses.
c.
Page 26, Density - Delete language: "within these three blocks" and "within these two blocks".
d.
Page 27, Building Height - Add to note about height waiver possibility: "Outside of the area covered by the Sky Harbor Airport Zoning Ordinance."
e.
Page 28, Building Setbacks/Build to Lines - Amend text to read: "Maximum five feet from property line for buildings up to 40 feet in height."
f.
Page 28, Note: at the bottom of the page - the language for Notice to Purchasers regarding the concentration of activities in the area is included as a stipulation and can be removed from this section as it is not a development standard.
g.
Page 29, Right-of-Way - Delete language: "Improvements which fall outside...to be performed by others."
h.
Page 29, Occupiable Rooftops - Change the Exhibit reference to the correct number.
i.
Page 30, Gathering Areas - Add language noting that all amenities proposed for gathering areas in the right-of-way are subject to review and approval by the Street Transportation Department.
j.
Page 33, Planting - Amend first sentence to read: "All occupiable roof areas shall be a minimum of 500 square feet and shall be planted..."
k.
Page 37, Off Street Loading - Second sentence "Loading spaces shall be screened from view from Jackson Street" - define what constitutes screening.
l.
Page 39 d) - Clarify the 4-foot minimum.
m.
Page 39 e) - Refer to urban form design guidelines for clarification. A mural (artwork) does not count as articulation.
n.
Page 40, Materials: New Construction - Change language to: "An eclectic and varied palette of materials shall be employed for new construction."
o.
Page 42, Building Form Blank Wall Standards - Clarify meaning of the percentage in these sentences: "Blank walls shall be limited to a maximum of 40 percent of total ground floor street frontage"; and "Maximum 40 percent of total ground floor street frontage shall apply."
p.
Page 50, Sponsorship Program signs - The applicant shall submit for review and approval a detailed outline of the administration of the sponsorship program to the Development Services Department.
3.
That
twothe undesignated historicwarehouses: the Pioneer Fruit Co. Warehouse at 401 South 3rd Street andWAREHOUSE, Coe Sales Co. at 301-309 East Buchanan Street, shall not receive demolition permit approval unlessone or both ofthesitesSITEhaveHAS received site plan approval and building permits from the Development Services Department for new permanent construction/development.
4.
That depending on the amount of ground disturbance, the following shall apply:
a.
That areas within the original Phoenix Townsite and Pueblo Patricio shall be monitored and/or tested.
b.
That areas within 250 feet of Pueblo Patricio shall be monitored and/or tested.
c.
That if archaeological materials are encountered during construction, all ground-disturbing activities shall cease within 10 meters of the discovery.
d.
That upon discovery of archaeological materials, the City of Phoenix Archaeology Office shall be notified immediately and allowed time to properly assess the materials.
e.
That upon discovery of archaeological materials, the City of Phoenix Historic Preservation Officer shall be contacted.
5.
That a Notice to Purchasers shall be required for all purchasers of residential property within the Planned Unit Development (PUD) boundaries alerting them to the concentration of activities in the area and the noise generating nature of the area.
6.
That parcels in the PUD that are located within Height Zone B shall adhere to the Airport Height Zoning Ordinance G-4784.
7.
That prior to issuance of building permits, the developer shall file an Federal Aviation Administration (FAA) Form 7460-1 and receive a No Hazard Determination and provide proof of a No Hazard Determination.
8.
That the property owner shall record documents that disclose the existence and operational characteristics of the 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.
9.
That the developer shall construct all streets adjacent to the development with paving, curb, gutter, sidewalk, curb ramps, streetlights, landscaping, and other incidentals as per plans approved by the Development Services Department. All improvements shall comply with all Americans with Disabilities Act accessibility standards.
10.
That the below language shall be added as a preamble statement on a blank page prior to the Table of Contents within the Development Narrative. This additional language and any modifications to the narrative made through the public hearing process shall be completed and a final written PUD Development Narrative and electronic PUD Development Narrative shall be submitted within 30 days of final City Council approval.
a.
A Planned Unit Development is intended to be a stand-alone document of zoning regulations for a particular project. Provisions not specifically regulated by the PUD are governed by the Zoning Ordinance. A PUD may include substantial background information to help illustrate the intent of the development. The purpose and intent statements are not requirements that will be enforced by the City. The PUD only modifies zoning ordinance regulations and does not modify other City Codes or requirements. Additional public hearings may be necessary such as, but not limited to, right-of-way abandonment.