Attachment A - Draft Ordinance - Z-3-B-15-1.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-3-B-15-1) FROM PUD (PLANNED UNIT
DEVELOPMENT) TO PUD (PLANNED UNIT DEVELOPMENT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 405.40-acre site located at the northwest
corner of 19th Avenue and Happy Valley Road in a portion of Section 1, Township 4
North, Range 4 East, as described more specifically in Exhibit “A,” is hereby changed
from “PUD” (Planned Unit Development), to “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 Norterra 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
Development Narrative date stamped June 2, 2022.
a.
Front Cover, add “City Council adopted: [Insert Adoption date]”
b.
Page 39, Parking Section, modify the first sentence to read: The
minimum number of required parking spaces shall be as set
forth in Section 702 of the Phoenix Zoning Ordinance, minus
10%, except in Zones 1, 2 and 3 where a 25% parking reduction from
Section 702 requirements shall be allowed and as modified by those
standards in the sections below.
2.
A Master Pedestrian Circulation Plan shall be completed prior to preliminary
site plan approval. The Master Pedestrian Circulation Plan shall be generally
consistent with the Conceptual Circulation Plan exhibit (Exhibit 8) within the
Development Narrative date stamped June 2, 2022, as updated and amended
as necessary.
3.
The developer shall submit an updated Trip Generation Statement addressing
the additional residential and commercial allowance in comparison to the
existing approved Traffic Impact Study, prior to preliminary site plan approval.
Any substantial changes may require an updated Traffic Impact Study to be
approved, prior to preliminary site plan approval. The developer shall be
responsible for all cost and construction identified in the study, as approved by
the Street Transportation Department.
4.
The property owner shall record documents that disclose the existence and
operational characteristics of the Phoenix 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.
5.
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.
Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 Waiver of Claims forms. 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.
7.
Prior to occupancy, the developer must provide a qualified engineer’s report
certifying the average annual interior noise exposure for any residential unit or
enclosed public assembly area, within Zone 6 of the Norterra PUD Land Use
Plan, will not exceed 45 decibels.
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 7th day of September,
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 (3 Pages)
B – Ordinance Location Map (1 Page)
EXHIBIT A
LEGAL DESCRIPTION FOR Z-3-B-15-1
A portion of Section 1 and Section 2, Township 4 North, Range 2 East, of the Gila and
Salt River Meridian, Maricopa County, Arizona, more particularly described as follows:
BEGINNING at the southeast corner of said Section 1, a 3-inch Maricopa County (M.C.)
brass cap in handhole (B.C.H.), from which the south quarter corner of said Section 1,
a 3-inch City of Phoenix (C.O.P.) brass cap in handhole, bears North 89°37'02" West
(basis of bearing), a distance of 2674.52 feet;
THENCE along the south line of said Section 1, North 89°37'02" West, a distance of
2674.52 feet, to said south quarter corner and the monument line of Norterra Parkway,
USAA Amended, recorded in Book 691, page 26, Maricopa County Records (M.C.R.);
THENCE leaving said south line, along said monument line, North 00°29'52" West, a
distance of 300.04 feet, to the beginning of a curve;
THENCE northwesterly along said curve to the left, having a radius of 645.00 feet,
concave southwesterly, through a central angle of 72°05'42", a distance of 811.60 feet,
to curves end;
THENCE North 72°35'34" West, a distance of 206.86 feet;
THENCE leaving said monument line, North 17°24'26" East, a distance of 77.00 feet, to
the easterly right-of-way line of said Norterra Parkway;
THENCE leaving said easterly right-of-way line, North 17°30'02" East, a distance of
9.67 feet, to the beginning of a curve;
THENCE northeasterly along said curve to the right, having a radius of 400.00 feet,
concave southeasterly, through a central angle of 46°06'04", a distance of 321.85 feet,
to the curves end;
THENCE North 63°36'06" East, a distance of 195.44 feet;
THENCE North 27°39'03" West, a distance of 284.62 feet;
THENCE North 62°20'57" East, a distance of 39.69 feet, to the beginning of a curve;
THENCE northeasterly along said curve to the left, having a radius of 740.00 feet,
concave northwesterly, through a central angle of 39°16'33", a distance of 507.26 feet,
to the beginning of a compound curve;
THENCE northerly along said compound curve to the left, having a radius of 990.69
feet, concave westerly, through a central angle of 13°56'20", a distance of 241.01 feet,
to the easterly line of Lot 1, said USAA Amended, and a point of intersection with a non-
tangent line;
THENCE along said easterly line, North 00°00'00" East, a distance of 327.93 feet, to the
westerly line, USAA Norterra Master Plan Parcel 1, described in Document 2017-
0324971, M.C.R., and the beginning of a non-tangent curve;
THENCE leaving said easterly line, northerly, along said westerly line, and along said
non-tangent curve to the left, having a radius of 1010.83 feet, concave westerly, whose
radius bears South 80°29’16” West, through a central angle of 0°03’05”, a distance of
0.90 feet, to the intersection of a non-tangent curve;
THENCE northerly along said non-tangent curve to the left, having a radius of 1227.50
feet, concave westerly, whose radius bears South 77°46’50” West, through a central
angle of 04°29’32”, a distance of 96.24 feet, to a point of intersection with a non-tangent
line;
THENCE leaving said westerly line, North 20°35’40” West, a distance of 38.54 feet, to
the beginning of a curve;
THENCE northwesterly along said curve to the left, having a radius of 701.70 feet,
concave southwesterly, through a central angle of 14°34’09”, a distance of 178.43 feet,
to said westerly line;
THENCE along said westerly line, northwesterly along said curve to the left, having a
radius of 701.70 feet, concave southerly, through a central angle of 23°27’03”, a
distance of 287.20 feet, to a point of intersection with a non-tangent line;
THENCE leaving said westerly line, North 61°21’58” West, a distance of 58.09 feet;
THENCE North 65°05’57” West, a distance of 32.22 feet;
THENCE North 66°54’56” West, a distance of 63.80 feet;
THENCE North 73°59’30” West, a distance of 283.47 feet;
THENCE North 89°59’46” West, a distance of 1362.15 feet, to said monument line of
Norterra Parkway, and a point of intersection with a non-tangent curve;
THENCE along said monument line, southerly along said non-tangent curve to the left,
having a radius of 1100.00 feet, whose radius bears South 72°25’36” East, through a
central angle of 07°28’12”, a distance of 143.41 feet, to a point of intersection with a
non-tangent line;
THENCE leaving said monument line, North 79°53'48" West, a distance of 55.00 feet, to
the southeast corner of Lot 4, USAA Unit 1, recorded in Book 900, page 40, M.C.R.;
THENCE along the southerly line of said Lot 4, North 90°00'00" West, a distance of
865.48 feet, to the southwest corner of said Lot 4;
THENCE leaving said southerly line, South 80°00'27" West, a distance of 25.00 feet, to
a line parallel with and 25 feet westerly of the west line of said Lot 4;
THENCE along said parallel line, North 09°59'33" West, a distance of 239.89 feet;
THENCE North 03°20'16" West, a distance of 360.07 feet;
THENCE North 00°00'22" East, a distance of 813.73 feet;
THENCE North 41°11'36" East, a distance of 60.13 feet;
THENCE North 82°12'31" East, a distance of 366.73 feet;
THENCE North 00°43'06" West, a distance of 84.05 feet, to the north line of said
Section 1;
THENCE leaving said parallel line, along said north line, North 89°16'54" East, a
distance of 214.28 feet, to the southwest corner of Section 36, Township 5 North,
Range 2 East;
THENCE along the south line of said Section 36, also being the north line of said
Section 1, North 89°26'46" East, a distance of 2653.24 feet, to the south quarter corner
of said Section 36;
THENCE continuing along the south line of said Section 36 and said north line of said
Section 1, North 89°25'44" East, a distance of 2470.22 feet, to the northeast corner of
said Section 1;
THENCE leaving said south line of Section 36 and said north line of Section 1, along
the east line of said Section 1, South 00°14'41" East, a distance of 2081.96 feet, to the
east quarter corner of said Section 1;
THENCE continuing along said east line, South 00°13'09" East, a distance of 2644.80
feet, to the POINT OF BEGINNING.
Containing 17,658,218 square feet or 405.3769 acres, more or less.
Subject to existing right-of-ways and easements.
This parcel description is based on said USAA Amended Final Plat, recorded in Book
691, page 26, M.C.R. and other client provided information. This parcel description is
located within an area surveyed by Wood, Patel & Associates, Inc. during the month of
January, 2012. Any monumentation noted in this parcel description is within acceptable
tolerance (as defined in Arizona Boundary Survey Minimum Standards dated
02/14/2002) of said positions based on said survey.