Attachment A - Draft Ordinance - Z-45-23-1.pdf
Extracted text (via pymupdf)
9290 characters
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-45-23-1) FROM C-2 M-R PCD (INTERMEDIATE
COMMERCIAL, MID-RISE DISTRICT, PLANNED COMMUNITY
DISTRICT) TO PUD PCD (PLANNED UNIT DEVELOPMENT,
PLANNED COMMUNITY DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 46.45-acre site located at the northwest
corner of Norterra Parkway and Happy Valley Road in a portion of Section 1, Township
4 North, Range 2 East, as described more specifically in Exhibit “A,” is hereby changed
from “C-2 M-R PCD” (Intermediate Commercial, Mid-Rise District, Planned Community
District) to “PUD PCD” (Planned Unit Development, Planned Community 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 Shops at Norterra PUD reflecting
the changes approved through the request shall be submitted to the Planning
and Development Department within 30 days of City Council approval of the
request. The updated narrative shall be consistent with the Development
Narrative date stamped January 3, 2024, as modified by the following
stipulations:
a.
Update the front cover page with the submittal date of the Hearing Draft.
b.
Page 9: F. Signs, second bullet: Delete the word “digital”.
2.
Airport Disclosure: The property owner shall record documents that disclose
the existence, and operational characteristics of Deer Valley 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.
3.
Archeologically Sensitive: 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.
4.
Archeologically Sensitive: 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.
5.
Archeologically Sensitive: 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.
6.
Prop 207: Prior to final site plan approval or the issuance of a permit, 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.
Planned Community District Stipulations
Overall Site Plan
7.
That, as a portion of a larger Planned Community District, the following
stipulations shall apply per Z-74-02-1 and Z-153-99-1.
8.
The development shall be in general conformance with the site plan date
stamped May 11, 2007, with regards to the pedestrian spine, phasing, and
general development intensities.
9.
A maximum of 5 building pads less than 10,000 square feet in size shall be
allowed throughout the 140.2 acre site.
Amenities
10.
The pedestrian spine extending from Jomax to Happy Valley Road as
illustrated on the conceptual plan date stamped May 11, 2007 shall be visually
identified with a combination of similar hardscape improvements and a
consistent landscape theme, with the inclusion of a pedestrian gate so the
employees can access the retail parcel to the south.
Visual Impacts
11.
The below minimum building setbacks shall apply along the following street
frontages, as approved by the Planning and Development Department. The
landscape setback along the street frontages shall include a mix of a minimum
of 3- and 4-inch caliper trees planted approximately 20 feet on center to screen
the buildings.
a.
Happy Valley Road (west of Norterra Parkway) shall be a minimum of 60
feet (with a 75-foot average).
12.
The applicant shall provide a minimum 30-foot, undulating landscape setback,
with a maximum average landscape setback not to exceed 35 feet, as
measured from the right-of-way prior to any trail dedication, planted with
drought tolerant vegetation in the Sonoran Boulevard Standards, and
meandering sidewalk (where required) adjacent to perimeter street, except
along Happy Valley Road; where the landscape setback and sidewalk shall be
per the Sonoran Boulevard Standards, as measured from the right-of way prior
to any trail dedication.
13.
Any loading, maneuvering and other service areas shall be located interior
within the campus and screened so they are not visible from the perimeter
rights-of-way.
14.
The development along Happy Valley Road shall comply with the Sonoran
Boulevard Standards.
Parking
15.
Individual parking structures shall not be arranged such that they create a linear
walled effect at the perimeter of the property.
16.
Parking structures shall be designed, to the greatest extent possible; to
minimize the mass of parking structures with adjacent residential properties. In
addition, the parking structures shall be so designed as to prevent vehicular
headlights and the interior lights of the parking structures from shining directly
onto residential properties.
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 6th day of March,
2024.
________________________________
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 (2 Pages)
B – Ordinance Location Map (1 Page)
EXHIBIT A
LEGAL DESCRIPTION FOR Z-45-23-1
A PORTION OF SECTION 1, TOWNSHIP 4 NORTH, RANGE 2 EAST, OF THE GILA
AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 1, A BRASS
CAP IN HANDHOLE, FROM WHICH THE SOUTHWEST CORNER OF SAID
SECTION, A CHISELED “X” ON CONCRETE OVERPASS, BEARS NORTH 89°37'06"
WEST (BASIS OF BEARING), A DISTANCE OF 2674.68 FEET;
THENCE ALONG THE SOUTH LINE OF SAID SECTION, NORTH 89°37'06" WEST, A
DISTANCE OF 2641.62 FEET, TO THE CENTERLINE OF INTERSTATE 17;
THENCE LEAVING SAID SOUTH LINE, ALONG SAID CENTERLINE, NORTH
09°59'31" WEST, A DISTANCE OF 402.32 FEET, TO THE SOUTHWESTERLY
PROLONGATION OF THE NORTHERLY LINE OF LOT 1, USAA UNIT 1, RECORDED
IN BOOK 900, PAGE 40, MARICOPA COUNTY RECORDS (MCR);
THENCE LEAVING SAID CENTERLINE, ALONG SAID PROLONGATION AND SAID
NORTHERLY LINE, NORTH 51°38'06" EAST, A DISTANCE OF 1141.65 FEET;
THENCE NORTH 72°39'09" EAST, A DISTANCE OF 117.11 FEET;
THENCE NORTH 51°38'06" EAST, A DISTANCE OF 290.80 FEET;
THENCE NORTH 63°03'04" EAST, A DISTANCE OF 21.63 FEET;
THENCE NORTH 51°38'06" EAST, A DISTANCE OF 84.00 FEET, TO THE
CENTERLINE OF NORTERRA PARKWAY;
THENCE LEAVING SAID NORTHERLY LINE, ALONG SAID CENTERLINE, SOUTH
43°55'11" EAST, A DISTANCE OF
6.82 FEET, TO THE BEGINNING OF A CURVE;
THENCE SOUTHEASTERLY ALONG SAID CURVE TO THE LEFT, HAVING A
RADIUS OF 1500.00 FEET, CONCAVE NORTHEASTERLY, THROUGH A CENTRAL
ANGLE OF 28°40'23", A DISTANCE OF 750.66 FEET, TO THE CURVES END;
THENCE SOUTH 72°35'34" EAST, A DISTANCE OF 314.62 FEET, TO THE
BEGINNING OF A CURVE;
THENCE SOUTHEASTERLY ALONG SAID CURVE TO THE RIGHT, HAVING A
RADIUS OF 645.00 FEET, CONCAVE SOUTHWESTERLY, THROUGH A CENTRAL
ANGLE OF 72°05'42", A DISTANCE OF 811.60 FEET, TO THE CURVES END;
THENCE SOUTH 00°29'52" EAST, A DISTANCE OF 300.04 FEET, TO THE POINT OF
BEGINNING. CONTAINING 2,543,537 SQUARE FEET OR 58.3916 ACRES, MORE
OR LESS.
SUBJECT TO EXISTING RIGHT-OF-WAYS AND EASEMENTS.