Attachment A - Draft Ordinance - Z-59-A-13-1.pdf
Extracted text (via pymupdf)
19231 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 (Z-59-A-13-1) FROM PUD (PLANNED UNIT
DEVELOPMENT) AND RSC (REGIONAL SHOPPING CENTER)
TO PUD (PLANNED UNIT DEVELOPMENT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 143.96-acre site located approximately 605
feet south of the southeast corner of 28th Drive and Peoria Avenue, in a portion of
Section 26, Township 3 North, and Range 2 East, as described more specifically in
Exhibit “A”, is hereby changed from 130.77 acres of “PUD” (Planned Unit Development)
and 13.19 acres of “RSC” (Regional Shopping Center) to 143.96 acres of “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 Metrocenter 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 Hearing Draft date stamped
September 1, 2022 as modified by the following stipulations.
a. Front Cover: Add “City Council adopted: [Insert Adoption date].”
b. Page 48, Section G. Development Standards, Sub-Point 3: Modify the first
paragraph to read as follows: “Before any building, project, or use is
processed for site plan approval by the City, a shaded and segregated
pedestrian circulation plan shall be prepared and incorporated in this PUD
as an appendix, and shall detail access to the following where applicable:”
c. Page 48, Section G. Development Standards, Sub-Point 4: Modify to read
as follows: Individual project site plans shall be required to incorporate or
update the Master Trail Plan / Shaded and Segregated Pedestrian
Circulation Plan as necessary to provide access to the above, as
administratively approved by the Planning and Development Director.
Updates to the Master Trail Plan / Shaded and Segregated Pedestrian
Circulation Plan shall be submitted to the Planning and Development
Department as a “Minor Amendment” to the PUD.
d. Appendix: Add the Shaded and Segregated Pedestrian Circulation Plan as
an appendix.
e. Table of Contents and Page 58: Before the Infrastructure Standards
Section add a Complete Streets Section in the PUD. The Complete Streets
Section shall specifically address PUD standards that improve
convenience and comfort, connectivity, sustainability, and green
infrastructure.
2.
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.
3.
Prior to preliminary 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.
4.
The developer shall submit an updated Traffic Impact Analysis report for every
new development within the PUD, or as otherwise approved by the Street
Transportation Department. No preliminary approval of plans shall be granted
until the study has been reviewed and approved by the City.
5.
The developer shall submit a Traffic Impact Analysis report for every new
development within the PUD to include non-automotive network enhancements in
support of the City’s adopted Complete Streets Ordinance, as required by the
Street Transportation Department. Non-automotive network enhancements
include, but are not limited to, infrastructure improvements for: pedestrian safe
crossings, bicycle infrastructure and access to transit facilities. No preliminary
approval of plans shall be granted until the study has been reviewed and
approved by the City.
6.
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.
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 November,
2022.
________________________________
MAYOR
ATTEST:
_________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Cris Meyer, City Attorney
By:
_________________________
_________________________
REVIEWED BY:
_________________________
Jeffrey Barton, City Manager
Exhibits:
A – Legal Description (7 Pages)
B – Ordinance Location Map (1 Page)
EXHIBIT A
LEGAL DESCRIPTION FOR Z-59-A-13-1
DESCRIPTION
METROCENTER PARCELS FOR REZONING APN'S 149-16-001A, 001B, 001C, 001D,
002A, 002B, 002C, 002E, 002F, 005, 083, 083D, 083E, 084B, 085, 086A, 389, 401, &
412
PARCEL NO. 1:
A parcel of land located in the East half of Section 26, Township 3 North, Range 2 East
of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, being more
particularly described as follows:
BEGINNING at the intersection of Metro Parkway East and 29th Avenue as shown on
the Plat Map of Dedication for Metrocenter, recorded in Book 163 of Maps, Page 37,
records of Maricopa County, Arizona, said Point of Beginning being the beginning of a
curve the center of which bears North 9 degrees 2 minutes 10 seconds West 1187.50;
THENCE Westerly along the centerline of said Metro Parkway East and the arc of said
curve through a central angle of 5 degrees 10 minutes 9 seconds an arc length of
107.14 feet;
THENCE South 9 degrees 53 minutes 1 seconds East 119.79 feet to the
North line of the South 81 feet of Tract 8 of said Plat Map of Dedication for Metrocenter;
THENCE South 78 degrees 10 minutes 10 seconds West 295.60 feet along said South
line;
THENCE South 88 degrees 44 minutes 30 seconds West 137.29 feet to the North line
of the South 96 feet of said Tract 8;
THENCE South 89 degrees 22 minutes 00 seconds West 568.43 feet along said North
line;
THENCE North 45 degrees 00 minutes 00 seconds West 99.73 feet to the centerline of
Mission Lane as shown on said Plat Map of Dedication;
THENCE South 45 degrees 03 minutes 13 seconds West 30.19 feet along said
centerline to its intersection with the centerline of 31st Avenue as shown on said Plat
Map of Dedication being the beginning of a non-tangent curve the center of which bears
North 45 degrees 19 minutes 46 seconds 1282.00 feet;
THENCE Northerly along the centerline of said 31st Avenue and the arc of said curve
through a central angle of 11 degrees 40 minutes 47 seconds an arc length of 261.34
feet to the beginning of a compound curve having a radius of 1902.00 feet;
THENCE Northerly along the centerline of said 31st Avenue and the arc of said curve
through a central angle of 24 degrees 30 minutes 00 seconds an arc length of 813.31
feet to the beginning of a compound curve having a radius of 5188.71 feet;
THENCE Northerly along the centerline of said 31st Avenue and the arc of said curve
through a central angle of 8 degrees 33 minutes 22 seconds an arc length of 774.84
feet;
THENCE North 1 degree 50 minutes 00 seconds East 34.90 feet along the centerline of
said 31st Avenue to its intersection with the centerline of Cheryl Drive as shown on said
Plat Map of Dedication and the beginning of a non-tangent curve the center of which
bears North 22 degrees 03 minutes 43 seconds East 550.00 feet;
THENCE Easterly along the centerline of said Cheryl Drive and the arc of said curve
through a central angle of 22 degrees 1 minute 22 seconds an arc length of 211.40 feet;
THENCE South 89 degrees 59 minutes 18 seconds East 48.59 feet along said
centerline to the beginning of a non-tangent curve the center of which bears South 89
degrees 59 minutes 37 seconds East 4932.71 feet;
THENCE Southerly along the arc of said curve through a central angle of 2 degrees 12
minutes 43 seconds an arc length of 190.43 feet;
THENCE North 87 degrees 47 minutes 40 seconds East 267.50 feet to the centerline of
Metro Parkway West as shown on said Plat Map of Dedication and the beginning of a
non-tangent curve the center of which bears North
87 degrees 47 minutes 40 seconds East 4665.21 feet;
THENCE Northerly along said centerline and the arc of said curve through a central
angle of 2 degrees 12 minutes 42 seconds an arc length of 180.08 feet to its
intersection with the centerline of said Cheryl Drive;
THENCE continuing along the centerline of said Metro Parkway West and along the arc
of said curve through a central angle of 8 degrees 30 minutes 0 seconds an arc length
of 692.10 feet to the beginning of a compound curve having a radius of 1378.50 feet;
THENCE Northerly along said centerline and along the arc of said compound curve
through a central angle of 17 degrees 14 minutes 57 seconds an arc length of 415.00
feet;
THENCE South 54 degrees 18 minutes 30 seconds East 301.13 feet to the beginning of
a non-tangent curve to the right the center of which bears South 44 degrees 57 minutes
54 seconds East 675.00 feet;
THENCE Easterly along the arc of said curve through a central angle of 34 degrees 58
minutes 17 seconds an arc length of 412.00 feet to the beginning of a compound curve
having a radius of 1104.00 feet;
THENCE Easterly along the arc of said curve through a central angle of 7 degrees 15
minutes 30 seconds an arc length of 139.86 feet;
THENCE North 6 degrees 51 minutes 19 seconds West 410.01 feet to the beginning of
a curve to the left having a radius of 22.00 feet;
THENCE Northwesterly along the arc of said curve through a central angle of 89
degrees 27 minutes 45 seconds an arc length of 34.35 feet;
THENCE North 6 degrees 19 minutes 13 seconds West 43.50 feet to the centerline of
Metro Parkway East and the beginning of a non-tangent curve the center of which bears
South 6 degrees 19 minutes 13 seconds East 1187.50 feet;
THENCE Easterly along said centerline and the arc of said curve through a central
angle of 5 degrees 34 minutes 40 seconds an arc length of
115.60 feet;
THENCE South 0 degrees 44 minutes 33 seconds East 43.50 feet to the beginning of a
non-tangent curve the center of which bears South 0 degrees 44 minutes 33 seconds
East 22.00 feet;
THENCE Southwesterly along the arc of said curve through a central angle of 96
degrees 6 minutes 46 seconds an arc length of 36.90 feet;
THENCE South 6 degrees 51 minutes 19 seconds East 558. 77 feet to the beginning of
a curve to the left having a radius of 24.50 feet;
THENCE Southeasterly along the arc of said curve through a central angle of 79
degrees 52 minutes 57 seconds an arc length of 34.16 feet to the beginning of a
reverse curve having a radius of 936.50 feet;
THENCE Easterly along the arc of said curve through a central angle of 6 degrees 44
minutes 39 seconds an arc length of 110.23 feet to the beginning of a compound curve
having a radius of 507.50 feet;
THENCE Southeasterly along the arc of said curve through a central angle of 10
degrees 27 minutes 42 seconds an arc length of 92.66 feet;
THENCE North 6 degrees 51 minutes 20 seconds West 284.01 feet;
THENCE South 63 degrees 51 minutes 19 seconds East 236.27 feet;
THENCE South 26 degrees 8 minutes 41 seconds West 44.33 feet;
THENCE South 63 degrees 51 minutes 19 seconds East 112.14 feet;
THENCE South 51 degrees 22 minutes 12 seconds East 115.98 feet;
THENCE South 55 degrees 44 minutes 19 seconds West 217.16 feet to the beginning
of a non-tangent curve the center of which bears South 43 degrees 16 minutes 46
seconds West 507.50 feet;
THENCE Southeasterly along the arc of said curve through a central angle of 13
degrees 43 minutes 37 seconds an arc length of 121.59 feet to the beginning of a
compound curve having a radius of 1127.50 feet;
THENCE Southeasterly along the arc of said curve through a central angle of 7 degrees
31 minutes 27 seconds an arc length of 148.06 feet to the beginning of a reverse curve
having a radius of 24.50 feet;
THENCE Southeasterly along the arc of said curve through a central angle of 83
degrees 26 minutes 57 seconds an arc length of 35.68 feet;
THENCE North 71 degrees 4 minutes 53 seconds East 335.72 feet to the centerline of
Metro Parkway East as shown on said Plat Map of Dedication and the beginning of a
non-tangent curve the center of which bears South 81 degrees 41 minutes 12 seconds
West 4665.21 feet;
THENCE Southerly along said centerline and the arc of said curve through a central
angle of 0 degrees 55 minutes 49 seconds an arc length of
75.75 feet;
THENCE South 75 degrees 47 minutes 46 seconds West 521.33 feet;
THENCE South 45 degrees 0 minutes 23 seconds West 386.00 feet;
THENCE South 0 degrees 0 minutes 23 seconds West 70.00 feet;
THENCE South 44 degrees 59 minutes 37 seconds East 35.00 feet;
THENCE South 45 degrees 0 minutes 23 seconds West 172.00 feet;
THENCE South 0 degrees 0 minutes 23 seconds West 46.07 feet;
THENCE South 44 degrees 59 minutes 37 seconds East 236.82 feet;
THENCE South 89 degrees 59 minutes 37 seconds East 46.07 feet;
THENCE North 45 degrees 00 minutes 23 seconds East 20.00 feet;
THENCE South 44 degrees 59 minutes 37 seconds East 15.00 feet;
THENCE North 45 degrees 0 minutes 23 seconds East 44.15 feet;
THENCE South 84 degrees 40 minutes 26 seconds East 640.21 feet to the centerline of
Metro Parkway East as shown on said Plat Map of Dedication and the beginning of a
non-tangent curve the center of which bears North 86 degrees 51 minutes 19 seconds
West 4665.21 feet;
THENCE Northerly along said centerline and the arc of said curve through a central
angle of 6 degrees 31 minutes 41 seconds an arc length of 531.54 feet;
THENCE South 90 degrees 0 minutes 0 seconds East 274.44 feet to the
Westerly right of way line of Interstate 17;
THENCE South 0 degrees 16 minutes 25 seconds West 496.01 feet along said
Westerly right of way line;
THENCE South 2 degrees 20 minutes 00 seconds West 1013.59 feet along said
Westerly right of way line;
THENCE South 3 degrees 32 minutes 36 seconds West 292.54 feet along said
Westerly right of way line to the North line of property owned by Flood Control District of
Maricopa County described in Judgment recorded as document number 1989-0074536,
records of Maricopa County, Arizona;
THENCE South 78 degrees 10 minutes 10 seconds West 454.10 feet along said North
line;
THENCE North 13 degrees 42 minutes 20 seconds West 30.03 feet to the Northeast
corner of property deeded to Flood Control District of Maricopa County in Warranty
Deed recorded as docket 13193, Page 1502, records of Maricopa County, Arizona;
THENCE along the Northerly line of said deeded property the following 6 courses and
distances;
THENCE South 78 degrees 10 minutes 10 seconds West 60.00 feet;
THENCE South 11 degrees 49 minutes 50 seconds East 20.00 feet;
THENCE South 78 degrees 10 minutes 10 seconds West 260.00 feet;
THENCE South 89 degrees 47 minutes 45 seconds West 101.73 feet;
THENCE North 9 degrees 1 minute 53 seconds West 54.56 feet;
THENCE South 78 degrees 10 minutes 10 seconds West 107.62 feet to the centerline
of 29th Avenue as shown on said Plat Map of Dedication;
THENCE North 9 degrees 1 minute 53 seconds West 69. 75 feet along said centerline
to the POINT OF BEGINNING.
Comprising 128.203 acres more or less, subject to all easements of record.
PARCEL NO. 2:
Lot 5, FINAL PLAT OF PREMIER METRO 2011, recorded in Book 1095 of Maps, Page
27, records of Maricopa County, Arizona.
Comprising 0.010 acres more or less, subject to all easements of record.
PARCEL NO. 3 (Dillards):
A parcel of land located in the east half of Section 26, Township 3 North, Range 2 East
of Gila and Salt River Base and Meridian described as follows:
COMMENCING for a tie at the North quarter corner of section 26, the North line of the
Northeast quarter which bears North 89 Degrees 58 Minutes 05 Seconds East;
Thence, South 2,216.52 feet; Thence, East 251.13 feet to a point;
Thence, continuing East 1,894.74 feet to the centerline of Metro Parkway East, being a
non-tangent curve, concave to the right, having a radius of 4,665.21 feet, the center of
which bears North 90 Degrees 00 Minutes 00 Seconds West, and the POINT OF
BEGINNING;
Thence, southerly along said centerline and said curve, through a central angle of 03
Degrees 08 Minutes 19 Seconds, and an arc length of 255.55 feet;
Thence, departing said centerline, North 84 Degrees 40 Minutes 49 Seconds West,
640.20 feet;
Thence, South 45 Degrees 00 Minutes 00 Seconds West, 44.15 feet;
Thence, North 45 Degrees 00 Minutes 00 Seconds West, 15.00 feet;
Thence, South 45 Degrees 00 Minutes 00 Seconds West, 20.00 feet;
Thence, North 90 Degrees 00 Minutes 00 Seconds West, 46.07 feet;
Thence, North 45 Degrees 00 Minutes 00 Seconds West, 236.82 feet;
Thence, North 00 Degrees 00 Minutes 00 Seconds East, 46.07 feet;
Thence, North 45 Degrees 00 Minutes 00 Seconds East, 172.00 feet;
Thence, North 45 Degrees 00 Minutes 00 Seconds West, 35.00 feet;
Thence, North 00 Degrees 00 Minutes 00 Seconds East, 70.00 feet;
Thence, North 45 Degrees 00 Minutes 00 Seconds East, 386.00 feet;
Thence, North 75 Degrees 47 Minutes 23 Seconds East, 521.33 feet, to the centerline
of Metro Parkway East, being a non-tangent curve, concave to the right, having a radius
of 4,665.21 feet, the center of which bears South 82 Degrees 36 Minutes 39 Seconds
West;
Thence, southerly along said centerline and said curve, through a central angle of 07
Degrees 23 Minutes 21 Seconds, and an arc length of 601.66 feet, to the POINT OF
BEGINNING.
Said portion of land containing 572,870 square feet, or 13.1513 acres, more or less, and
being subject to any easements, restrictions, and/or rights-of-ways of record or
otherwise.