Attachment A - Draft Ordinance - Z-76-21-2.pdf

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-76-21-2) FROM CP/GCP PCD (COMMERCE 
PARK DISTRICT / GENERAL COMMERCE PARK OPTION, 
PLANNED COMMUNITY DISTRICT) TO PUD (PLANNED UNIT 
DEVELOPMENT). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 6.10-acre property located at the southwest 
corner of Kierland Boulevard and Marilyn Road in a portion of Section 10, Township 3 
North, Range 4 East, as described more specifically in Exhibit “A,” is hereby changed 
from “CP/GCP PCD” (Commerce Park District / General Commerce Park Option, 
Planned Community District) 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 Icon at Kierland 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 Development Narrative 
date stamped April 4, 2022, as modified by the following stipulations. 
 
 
 
a. 
Front Cover, add “City Council adopted: [Insert Adoption date]” 
 
 
 
 
b. 
Page 9, Section D2.a., Landscape Setbacks (Minimum): Clarify 
landscape setback standard along the north and south property lines to 
be consistent with the proposed site plan by requiring a minimum 5-foot-
wide landscape setback along the south and a minimum 0-foot-wide 
landscape setback along the north property line where not adjacent to a 
street. 
 
 
 
 
c. 
Page 10, Section D2.d., Perimeter Property Lines – Not Adjacent to 
Public Right-of-Way (North, South, and West Property Lines): Remove 
the reference to the north property line as no landscape setback is 
provided here. 
 
 
 
 
d. 
Page 11, Section D3.b., Parking Standards, Automotive Parking 
Location, Parking Location, Automotive: Modify the maximum number of 
parking spaces along the main entry drive that are located outside of the 
garage building footprint or building envelope to a maximum of five (5) 
spaces to be consistent with the proposed site plan. 
 
 
 
 
e. 
Page 17, Section E2. b., Uniform Perimeter Design: Modify the third 
bullet to “Five (5) different accent species”. 
 
 
 
 
f. 
Page 21, Section H.1, Infrastructure, Grading and Drainage: Replace the 
fourth sentence as follows: Therefore, the subject site is not anticipated 
to provide any supplemental retention onsite, and may be required to 
address “first flush” stormwater treatment in accordance with the City of 
Phoenix Storm Water Policies and Standards Manual, current edition. 
 
 
 
 
g. 
Page 23, Section I., Comparative Zoning Standards Table: Replace 
CP/GCP standards with C-2 standards.

2. 
The applicant shall submit a Traffic Impact Study to the City for this 
development.  No preliminary approval of plans shall be granted until the study 
is reviewed and approved by the City. 
 
 
 
3. 
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. 
 
 
4. 
The developer shall record a Notice to Prospective Purchasers of Proximity to 
Airport in order to disclose the existence and operational characteristics of 
Scottsdale Municipal Airport (SDL) to future owners or tenants of the property. 
 
 
5. 
The developer shall provide documentation to the City prior to final site plan 
approval that Form 7460-1 has been filed for the development and that the 
development received a “No Hazard Determination” from the FAA. If temporary 
equipment used during construction exceeds the height of the permanent 
structure a separate Form 7460-1 shall be submitted to the FAA and a “No 
Hazard Determination” obtained prior to the construction start date. 
 
 
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. 
 
 
7. 
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. 
 
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 1st day of July, 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 (1 Page) 
B – Ordinance Location Map (1 Page)

EXHIBIT A 
 
LEGAL DESCRIPTION FOR Z-76-21-2 
 
 
A PORTION OF THE EAST HALF OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 4 
EAST, OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, 
MORE PARTICULARLY DESCRIBED AS FOLLOWS:  
 
PARCEL 5B-2, KIERLAND PARCELS 5B-1 AND 5B-2, ACCORDING TO THE PLAT 
RECORDED IN BOOK 431 OF MAPS, PAGE 8, RECORDS OF MARICOPA COUNTY, 
ARIZONA.