Attachment A - Draft Ordinance - Z-63-20-2.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 ORDINANCE BY CHANGING THE ZONING 
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED 
HEREIN (CASE Z-63-20-2) FROM CP/GCP PCD (COMMERCE 
PARK/GENERAL COMMERCE PARK 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 7.14-acre site located on the southeast 
corner of Kierland Boulevard and Greenway Parkway 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/General Commerce Park, 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 RD Kierland 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 March 15, 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: November 18, 2020 
2nd Submittal: January 29, 2021 
Hearing Draft: March 15, 2021 
City Council adopted: TBD 
 
 
 
2. 
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. 
 
 
3. 
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.  
 
 
4. 
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.   
 
 
5. 
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. 
 
 
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 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 2nd day of June 2021.  
 
 
 
 
________________________________ 
 
 
 
       MAYOR  
 
 
ATTEST: 
 
 
____________________________City Clerk 
 
 
APPROVED AS TO FORM: 
 
____________________________City Attorney 
 
 
REVIEWED BY:  
 
____________________________City Manager 
 
 
 
Exhibits: 
A – Legal Description (1 Page) 
B – Ordinance Location Map (1 Page)

EXHIBIT A 
 
LEGAL DESCRIPTION FOR Z-63-20-2 
 
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:  
 
LOTS 1 AND 2, KIERLAND COMMERCE SOUTH, ACCORDING TO THE PLAT OF 
RECORD IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, 
ARIZONA, RECORDED IN BOOK 465 OF MAPS, PAGE 10.