Attachment A - Draft Ordinance - Z-69-22-6.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-69-22-6) FROM CP/GCP (COMMERCE
PARK/GENERAL COMMERCE PARK OPTION) TO PUD
(PLANNED UNIT DEVELOPMENT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of an approximately 29.74 acre property located
approximately 1,300 feet north of the northeast corner of 50th Street and Chandler
Boulevard in a portion of Section 29, Township 1 South, Range 4 East, as described
more specifically in Exhibit “A,” is hereby changed from “CP/GCP” (Commerce
Park/General Commerce Park option) 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 Converge Logistics Center 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 August 11, 2023, as modified by the following
stipulations.
a.
Update title page with the City Council adoption date.
b.
Page 8, C. List of Uses, 1. Permitted Uses: Update bullet point b. to “The
basic processing and compounding of pharmaceuticals, vitamins, or
dietary supplements.”
c.
Page 8. C. List of Uses, 1. Permitted Uses: Update bullet point c. to
state the following: All manufacturing is conducted entirely within an
enclosed building and the portion of the building devoted to the use is
located more than 100 feet from a residential district.
d.
Page 8. C. List of Uses, 3. Accessory Uses: Delete bullet point b. Semi-
trailer outdoor storage.
e.
Page 10. D. Development Standards, Landscape Standards Table:
Update Perimeter Property Lines-South, and West to “Evergreen
shrubbery at 4 feet on center which will achieve a minimum 12-foot
height upon full maturation.”
f.
Page 10. D. Development Standards, 3. Shade: Add the following
sentence: “Minimum 75% shading of all internal pedestrian walkways by
means of vegetation at maturity and/or shade structures if the
Electronics Manufacturing use is added to the Project.”
g.
Remove the following from the use list and all references to the use
throughout the PUD Narrative: Electronics manufacturing: manufacturing
or assembly of electronics and/or locking systems, including precious
and semi-precious metal plating as an accessory use.
2.
A 20-foot-wide public drainage easement shall be dedicated along the entirety
of the parcel abutting the existing 30-foot-wide drainage easement and aligned
with the proposed southern access point to 50th Street, as approved by the
Planning and Development Department.
3.
The developer shall provide, at a minimum, right-of-way for a drainage channel
along a portion of the east property boundary. This channel shall connect to the
channel proposed within the Interstate 10 right-of-way and the existing channel
located south of the existing site. The location of this channel shall be
consistent with drainage studies approved or accepted by the Planning and
Development Department. If required by the Planning and Development
Department, the applicant shall construct the channel only for that portion
which is located outside of the ADOT right-of-way.
4.
A maximum of three access points shall be permitted onto 50th Street, as
approved by the Street Transportation Department.
5.
The development shall conform to the recommendations approved by the
Traffic Impact Study received May 6, 2021, as approved by the Planning and
Development and Street Transportation Departments.
6.
The applicant shall submit a new Traffic Impact Study to the City if
development plans change and are not reflective of the Traffic Impact Study
received May 6, 2021. The developer shall be responsible for cost and
construction of all mitigation identified through the analysis. No preliminary
approval of plans shall be granted until the study is reviewed and approved by
the Street Transportation Department.
7.
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.
8.
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.
9.
Within 60 days of City Council 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 4th day of October,
2023.
________________________________
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 (3 Pages)
B – Ordinance Location Map (1 Page)
EXHIBIT A
LEGAL DESCRIPTION FOR Z-69-22-6
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF
MARICOPA, STATE OF ARIZONA, AND IS DESCRIBED AS FOLLOWS:
A PORTION OF THE WEST HALF OF SECTION 29, TOWNSHIP 1 SOUTH, RANGE 4
EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY,
ARIZONA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF
SAID SECTION 29;
THENCE NORTH 89"34°58" EAST ALONG THE SOUTH LINE OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 29, A DISTANCE
OF 1323.63 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SAID SECTION 20 AND THE TRUE POINT OF
BEGINNING OF THE HEREIN DESCRIBED PARCEL;
THENCE NORTH 0°17°26" WEST, A DISTANCE OF 377.54 FEET;
THENCE NORTH 89"36°45" EAST, A DISTANCE OF 1024.08 FEET TO A POINT ON
THE WEST LINE OF AN EASEMENT FOR HIGHWAY PURPOSES AS RECORDED IN
DOCKET 5436, PAGE 170, RECORDS OF MARICOPA COUNTY, ARIZONA;
THENCE SOUTH 0"13°04° EAST ALONG THE WEST LINE OF SAID EASEMENT A
DISTANCE OF 377.02 FEET TO A POINT ON THE NORTH LINE OF THE
NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29;
THENCE SOUTH 0"14°22° EAST, ALONG THE WEST LINE OF SAID EASEMENT A
DISTANCE OF 1325.89 FEET TO A POINT ON THE SOUTH LINE OF THE
NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 29;
THENCE SOUTH 89"36° 45" WEST ALONG THE SOUTH LINE OF THE NORTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 29, A DISTANCE
OF 1022.42 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER
OF THE SOUTHWEST QUARTER OF SAID SECTION 29;
THENCE NORTH 0"17°26" WEST ALONG THE WEST LINE OF THE NORTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 29, A DISTANCE
OF 1325.37 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPT THAT PORTION OF THE WEST HALF OF SECTION 29, TOWNSHIP 1
SOUTH, RANGE 4 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 29;
THENCE NORTH 89 DEGREES 34 MINUTES 58 SECONDS EAST ALONG THE
SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 29, A DISTANCE
OF 1323.63 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SAID SECTION 29, SAID POINT ALSO BEING
THE TRUE POINT OF BEGINNING;
THENCE NORTH 00 DEGREES 17 MINUTES 26 SECONDS WEST, A DISTANCE OF
377.54 FEET;
THENCE NORTH 89 DEGREES 36 MINUTES 45 SECONDS EAST, A DISTANCE OF
1024.08 FEET TO A POINT ON THE WEST LINE OF AN EASEMENT FOR HIGHWAY
PURPOSES AS RECORDED IN DOCKET 5436, PAGE 170, RECORDS OF
MARICOPA COUNTY, ARIZONA;
THENCE SOUTH 00 DEGREES 13 MINUTES 04 SECONDS EAST ALONG THE
WEST LINE OF SAID EASEMENT, A DISTANCE OF 377.02 FEET TO A POINT ON
THE NORTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION 29;
THENCE SOUTH 00 DEGREES 14 MINUTES 22 SECONDS EAST ALONG THE
WEST LINE OF SAID EASEMENT, A DISTANCE OF 50.33 FEET;
THENCE SOUTH 89 DEGREES 34 MINUTES 58 SECONDS WEST ALONG A LINE
PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 29, A DISTANCE OF 1023.56 FEET TO
A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 29;
THENCE NORTH 00 DEGREES 17 MINUTES 25 SECONDS WEST ALONG SAID
WEST LINE, A DISTANCE OF 50.33 FEET TO THE TRUE POINT OF BEGINNING,
AND EXCEPT THAT PORTION IN FINAL ORDER OF CONDEMNATION CASE NO
CV2000-016472, RECORDED NOVEMBER 27, 2001 IN DOCUMENT NO 2001-
1104282 DESCRIBED AS FOLLOWS:
FOR STATE HIGHWAY PURPOSES, AN ESTATE IN FEE IN AND TO THAT
CERTAIN PARCEL OF REAL PROPERTY SITUATED IN MARICOPA COUNTY,
ARIZONA, DESCRIBED AS FOLLOWS:
THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 29, TOWNSHIP 1 SOUTH, RANGE 4 EAST, GILA AND SALT RIVER
MERIDIAN, MARICOPA COUNTY, ARIZONA, WHICH LIES WITHIN THE TRACT
DESCRIBED BELOW:
COMMENCING AT A 1 /2 INCH PIPE MARKING THE SOUTH QUARTER CORNER
OF SAID SECTION 29, FROM WHICH A HANDHOLE WITHOUT A MONUMENT
MARKING THE SOUTHEAST CORNER OF SAID SECTION 29 BEARS SOUTH 89"
38° 08" EAST 2639.36 FEET, AND ALSO FROM WHICH A RAILROAD SPIKE
MARKING THE SOUTHWEST CORNER OF SAID SECTION 29 BEARS SOUTH 89"
41° 18" WEST 2642.61 FEET;
THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID
SECTION 29, SOUTH 89" 41° 18" WEST 150.00 FEET TO THE MEDIAN
CONSTRUCTION CENTERLINE OF INTERSTATE HIGHWAY 10 (PHOENIX-CASA
GRANDE HIGHWAY);
THENCE ALONG SAID MEDIAN CONSTRUCTION CENTERLINE NORTH O° 00° 38"
WEST 0.56 FEET; THENCE CONTINUING ALONG SAID MEDIAN CONSTRUCTION
CENTERLINE NORTH o· 11° 05" WEST 2202.05 FEET (RECORD) NORTH 0° 06° 30"
WEST 2215.06 FEET (MEASURED);
THENCE LEAVING SAID MEDIAN CONSTRUCTION CENTERLINE SOUTH 89° 48°
55" WEST 150.00 FEET (RECORD) NORTH 89° 53° 30" 162.78 FEET (MEASURED)
TO THE EXISTING WEST RIGHT OF WAY LINE OF SAID INTERSTATE HIGHWAY
10 AND THE POINT OF BEGINNING;
THENCE LEAVING SAID EXISTING WEST RIGHT OF WAY LINE SOUTH 3° 26° 09°
WEST 878.85 FEET TO THE SOUTH LINE OF SAID NORTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 29;
THENCE ALONG SAID SOUTH LINE NORTH 89° 39° 17" EAST 55.50 FEET TO SAID
EXISTING WEST RIGHT OF WAY LINE OF INTERSTATE HIGHWAY 10;
THENCE ALONG SAID EXISTING WEST RIGHT OF WAY LINE NORTH O° 11° 05"
WEST 876.94 FEET TO THE POINT OF BEGINNING;
AND EXCEPT THAT PORTION LYING WITHIN MAP OF DEDICATION FOR AHWA
TU KEE FOOTHILLS POWER CENTER RECORDED IN BOOK 425 OF MAPS, PAGE
33 AND AFFIDAVIT OF CORRECTION RECORDED MARCH 21, 1997 IN
RECORDING NO. 97-0183222. APN: 301-84-002F