Attachment A - Draft Ordinance - Z-6-20-2.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-6-20-2) FROM C-2 PCD (INTERMEDIATE 
COMMERCIAL, 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 1.51 acre site located approximately 750 feet 
north of the northeast corner of 71st Street and Kierland Boulevard 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 PCD” (Intermediate Commercial, 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 Optima 15615 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 August 20, 2020, 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: January 24, 2020 
2nd Submittal: June 15, 2020 
Hearing Draft: August 20, 2020 
City Council adopted: TBD 
 
 
 
 
b. 
The west landscape setback in the development narrative shall be 
changed from 20 feet to 10 feet. 
 
 
 
 
c. 
Remove footnote 7 on page 9 of the development narrative. 
 
 
 
 
d. 
Add the word “the” on page 10, second sentence from the top of the 
development narrative. 
 
 
 
 
e. 
Add landscape setbacks to landscape standards table on page 10 of the 
development narrative. 
 
 
 
 
f. 
Page 12, Section D4: Fence and Walls, add “along 71st Street” in the 
second sentence related to 4-foot high fencing. 
 
 
 
 
g. 
Update west landscape setbacks in comparative zoning standards table. 
 
 
 
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 in a form approved by the City Attorney's 
Office. 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 December 
2020.  
 
 
 
 
________________________________ 
 
 
 
       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-6-20-2 
 
A PORTION OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 3 NORTH, 
RANGE 4 EAST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA 
COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: 
 
PARCEL 4B-5, OF KIERLAND PARCELS 4B & 6A, ACCORDING TO BOOK 443 OF 
MAPS, PAGE 39, RECORDS OF MARICOPA COUNTY, ARIZONA.