Attachment A - Draft Ordinance - Z-12-21-2.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 ORDINANCE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN
(CASE Z-12-21-2) FROM C-2 (INTERMEDIATE COMMERCIAL
DISTRICT) TO PUD (PLANNED UNIT DEVELOPMENT
DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 2.56-acre site located on the southwest
corner of Scottsdale Road and Bell Road in a portion of Section 3, Township 3 North,
Range 4 East, as described more specifically in Exhibit “A”, is hereby changed from “C-
2” (Intermediate Commercial District) to “PUD” (Planned Unit Development 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 Scottsdale and Bell 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 the
Development Narrative date stamped September 14, 2021, as modified by the
following stipulations:
a.
Front Cover: Remove “HEARING DRAFT” and revise submittal date
information on bottom of the cover page as follows:
1st Submittal: February 19, 2021
2nd Submittal: May 4, 2021
3rd Submittal: August 23, 2021
Hearing Draft: September 14, 2021
City Council adopted: TBD
b.
Update narrative to include a comparative parking standards table to the
final narrative.
c.
Add the following development and design standards to the development
narrative: A minimum of two building entrances, one on or within 50 feet
of Scottsdale Road and one on or within 50 feet of Bell Road, that
directly connects to the publicly accessible sidewalk adjacent to the
street. All pedestrian entrances shall be defined by pedestrian-oriented
scale and the use of distinctive materials and architectural elements per
Section 1305.3.a. in the Zoning Ordinance, as approved by the Planning
and Development Department.
d.
Update the development narrative to include a General Plan Land Use
Map as an exhibit depicting the existing and proposed designations,
siting the companion GPA case number.
2.
The developer shall dedicate a total of 70 feet of right-of-way for the south half
of Bell Road and construct the roadway, as approved by the Planning and
Development Department.
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 submit a Traffic Impact Study (TIS) to the City for this
development. No preliminary approval of plans shall be granted until the study
had been reviewed and approved by the City. Additional off-site improvements
and right-of-way dedications may be required as identified in the approved
traffic study. Development shall be responsible for the cost associated with
these improvements and dedications.
5.
The property owner shall record documents that disclose the existence, and
operational characteristics of Scottsdale Municipal Airport (SDL) 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.
6.
The developer shall provide documentation to the City of Phoenix 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.
7.
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.
8.
The developer shall collaborate with the Street Transportation Department to
review the potential for a refuge lane in the median west bound on Bell Road at
71st Street.
9.
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.
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 December,
2021.
________________________________
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-12-21-2
PARCEL "C", AS SHOWN ON THE FINAL PLAT OF PRINCESS CROSSING,
RECORDED IN BOOK 445 OF MAPS, PAGE 18 IN THE OFFICE OF THE COUNTY
RECORDER OF MARICOPA COUNTY, ARIZONA, LYING WITHIN THE NORTHEAST
QUARTER OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 4 EAST, OF THE GILA
AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA.
The above described parcel contains 2.56 acres.