Attachment A - Draft Ordinance - Z-14-20-2.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-14-20-2) 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 7.80-acre site located on the southeast
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/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 Kierland Sky 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 October 16, 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: May 17, 2020
2nd Submittal: June 20, 2020
Hearing Draft: September 11, 2020
City Council adopted: TBD
b.
Add the landscape setbacks to the comparative development standards
table.
c.
Provide a dimensioned landscape plan depicting distance between
sidewalk and back of curb and landscape setbacks. Include caliper sizes
of trees, number of shrubs under each tree, groundcover percentages in
a table format on the plan.
d.
Provide landscape standards for the terraces to include minimum 5-
gallon shrubs, with 50% live coverage at maturity.
e.
Add the following to the Development Standards Table: The southern
building will be no higher than 56 feet, and no closer than a minimum of
approximately 560 feet away from the closest existing single-family
residence; and the building connected to it, no higher than 84 feet, and
no closer than a minimum of approximately 700 feet away from the
closest existing single-family residence.
f.
The following shall be included in the Use Standards Section: There
shall be no outdoor live music or DJ music on site, only outdoor
background dining music shall be allowed.
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 the issuance of the certificate of occupancy for Phase I evidence shall
be provided that the property owner has deposited funds to be used by the
Street Transportation Department for traffic mitigation measures within 1 mile
of the site, as approved by the Street Transportation Department and the
Planning and Development Department. The funds will be held for 5 years
upon which any unused portion will be returned to the property owner providing
funding.
8.
Prior to the issuance of the certificate of occupancy for Phase II evidence shall
be provided that the property owner has deposited additional funds to be used
by the Street Transportation Department for traffic mitigation measures within 1
mile of the site, as approved by the Street Transportation Department and the
Planning and Development Department. The funds will be held for 5 years
upon which any unused portion will be returned to the property owner providing
funding.
9.
Prior to the issuance of the certificate of occupancy for Phase II evidence shall
be provided that the property owner has deposited funds to be used by the
Street Transportation Department to contribute to a hawk light at the
intersection of Acoma Drive and Kierland Boulevard. Or in the alternative fund
traffic mitigation measures within 1 mile of the site, as approved by the Street
Transportation Department and the Planning and Development Department.
The funds will be held for 5 years upon which any unused portion will be
returned to the property owner providing funding.
10.
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 December
2020.
________________________________
MAYOR
ATTEST:
____________________________City Clerk
APPROVED AS TO FORM:
____________________________City Attorney
REVIEWED BY:
____________________________City Manager
Exhibits:
A – Legal Description (2 Pages)
B – Ordinance Location Map (1 Page)
EXHIBIT A
LEGAL DESCRIPTION FOR Z-14-20-2
Within a portion of Section 10, Township 3 North, Range 4 East of the Gila and Salt
River Base and Meridian, Maricopa County, Arizona, being more particularly described
as follows:
A portion of Lot 4, KIERLAND COMMERCE SOUTH, according to Book 465 of Maps,
page 10, records of Maricopa County, Arizona, being more particularly described as
follows:
COMMENCING at the Centerline intersection of Kierland Boulevard with Marilyn Road,
as recorded on the plat of Kierland Commerce South. according to Book 465 of Maps,
page 10, records of Maricopa County, Arizona;
Thence along said centerline of Marilyn Road North 89 degrees 44 minutes 11 seconds
East, a distance of 485.24 feet;
Thence South 00 degrees 15 minutes 52 seconds East, leaving said centerline, a
distance of 30.00 feet to a point on the Southern right-of-way of said Marilyn Road, said
point also being the Point of Beginning of the parcel herein described;
Thence South 00 degrees 15 minutes 52 seconds East, leaving said Southern right-of-
way a distance of 213.49 feet;
Thence South 44 degrees 57 minutes 48 seconds East a distance of 357.95 feet to a
point on the Western right-of-way of 71st Street;
Thence South 45 degrees 02 minutes 42 seconds West, along said western right-of-
way of 71st Street a distance of 201.40 feet;
Thence North 44 degrees 57 minutes 48 seconds West leaving said Western right-of-
way a distance of 26.96 feet;
Thence North 12 degrees 32 minutes 47 seconds West, a distance of 64.48 feet;
Thence South 89 degrees 44 minutes 08 seconds West, a distance of 324.50 feet to a
point of curvature of a non-tangent curve concave to the Northwest whose radius bears
North 75 degrees 28 minutes 55 seconds West, a distance of 72.91 feet;
Thence Southwesterly along the arc of said curve through a central angle of 37 degrees
08 minutes 40 seconds, a distance of 47.27 feet to a point of tangency;
Thence South 51 degrees 23 minutes 17 seconds West, a distance of 107.98 feet to a
point on the Eastern right-of-way of said Kierland Boulevard, said point also being a
point of curvature of a non-tangent curve concave to the Northeast, whose center beers
North 53 degrees 11 minutes 17 seconds East, a distance of 465.00 feet;
Thence Northerly, along the arc of said curve and along said Eastern right-of-way
through a central angle of 36 degrees 32 minutes 51 Seconds, a distance of 296.61
feet;
Thence North 00 degrees 15 minutes 52 seconds West, along said Eastern right-of-
way, a distance of 192.21 feet;
Thence North 01 degrees 46 minutes 52 seconds West, along said Eastern right-of-
way, a distance of 138.17 feet;
Thence North 45 degrees 45 minutes 30 seconds East. leaving said Eastern right-of-
way, a distance of 37.42 feet to a point on said Southern right-of-way of Marilyn Road;
Thence North 89 degrees 44 minutes 11 seconds East. along said Southern right-of-
way, a distance of 418.38 feet to the Point of Beginning of the parcel herein described.