corporation the of phoenixtemple (the "temple"). to the members of church jesus christ...

CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS

"PHOENIX TEMPLE"

ORDINANCE G-5456 ADOPTED DECEMBER 2, 2009

REZONE REQUEST FROM RE-35 TO PLANNED UNIT DEVELOPMENT CASE NO: Z-40-09-01

1 l l CREEDANCE BOULEVARD

I Planne-dUnitDevelot•ment

PINNACLE

ROAD

SUBMITTED BY: BEUS GILBERT PLLC C/O PAUL E. GILBERT

4800 NORTH SCOTTSDALE ROAD, SUITE 6000 SCOTTSDALE, ARIZONA 85251

PH. 480.429.3000 FAX. 480.429.3100

PRINCIPALS AND DEVELOPMENT TEAM

APPLICANT REPRESENTATIVE/LEGAL: Beus Gilbert PLLC

Paul E. Gilbert Britton M. Worthen

4800 North Scottsdale Road, Suite 6000 Scottsdale, Arizona 85251

Telephone: 480.429.3002 / 480.429.3020 Facsimile: 480.429.3100

E-mail: [email protected] [email protected]

OWNER: Corporation of the Presiding Bishop of the Church of Latter-Day Saints

Veto L. Martindale 50 East North Temple Street Salt Lake City, Utah 84150 Telephone." 801.240.2042 Facsimile: 801.240.1335

ARCHITECT/PLANNING: CCBG Architects, Inc.

Scott E. Walker 102 East Buchanan Street Phoenix, Arizona 85004 Telephone: 602.258.2211 Facsimile." 602.255.0909

E-mail: [email protected]

Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints Phoenix Temple Rezone Request from RE-35 to Planned Unit Development

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PLANNED UNIT DEVELOPMENT DISCLAIMER

A Planned Unit Development (PUD) is intended to be a stand-alone document of zoning regulations for a particular project. Provisions not specifically regulated by the PUD are

governed by the zoning ordinance. A PUD may include substantial background information to help illustrate the intent of the development. The purpose and intent statements are not

requirements that will be enforced by the City. The PUD only modifies zoning ordinance regulations and does not modify other City Codes or requirements. Additional public hearings may be necessary such as, but not limited, to right-of-way abandonments.


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TABLE OF CONTENTS

NARRATIVE

Cover Page Principals and Development Team Planned Unit Development Disclaimer Table of Contents

Ao Purpose and Intent Project Overview and Goals Overall Design Concept

Use Categories Themes

B. Site Conditions and Location

C. General Plan Conformance

D. Zoning and Land Use Compatibility

E. Permitted Uses

Fo Development Standards 1. Lighting 2. Signage. 3. Site Walls 4. Parking

G. Design Guidelines

Ho Infrastructure l Streets 2. Pedestrian Circulation Plan 3. Grading and Drainage 4. Waste and Wastewater Services

I. Phasing Plan

2 3 4

6 6 7 7 7

10

11

12 16 17 17 17

17

17 17 18 18 18

18


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EXHIBITS 19

Ao B. C. D. E. F. G. H. I. J. K. L. M.

Comparative Development Standards Table Legal Description Area Vicinity Map Aerial Map Zoning Map (Existing and Proposed) Zoning Map (RE-43 detail) Context Plan General Plan Map Site Plan Conceptual Elevations Aerial Map (detail) Elevation (detail) Ordinance G-5456


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A. PURPOSE AND INTENT

Proiect Overview

This Planned Unit Development (PUD) rezones approximately 9 acres (the "Property"), located at the northwest comer of 51 st Avenue and Pinnacle Peak Road, from Single-Family Residential RE-35 to Planned Unit Development to allow for the construction of the Phoenix Temple (the "Temple").

To the members of the Church of Jesus Christ of Latter-Day Saints (the "LDS Church"), the temple is a sacred building for faithful members to leam more about the purpose of life and their relationship with God. The temple provides members the opportunity to participate in religious ceremonies, marriages, baptisms and various instructional sessions. Temples are open to patrons Tuesday through Saturday and are generally closed on Sundays and Mondays.

Theologically, aesthetically and functionally, the temple is a very different from meetinghouses that are a common sight in neighborhoods throughout the Valley. The meetinghouse is the focus of community for the immediate neighborhood. This building is intended to house weekly worship services on Sunday for families living in the vicinity.

The greater Phoenix area currently has only one temple, the Mesa Temple, to serve LDS members. The LDS Church has realized an increase in membership and demand in the Phoenix

area, and is excited to provide additional worship opportunities for LDS members through the construction of the Phoenix Temple. The Phoenix Temple will be different in design, but identical in current (defined as December 2, 2009) use to the Mesa Temple, except that a

visitor's center along with Christmas and Easter festivities shall not be held at this Temple.

Goals

The Development Team requests a zone change from RE-35 to PUD to meet the demand and advance the goals and objectives of the LDS Church. The following points reflect those goals and objectives.

• To create a destination point for LDS Members.

To promote quality development consistent and sensitive to the existing neighborhood and LDS Meetinghouse, and the City of Phoenix General Plan through a comprehensive site plan. The comprehensive site plan has provided sizeable setbacks, extensive landscaping and perimeter treatment, and an extra deep lot to prevent any real or

perceived impacts on the surrounding residential properties.

To promote an architecturally innovative and aesthetically pleasing building with consideration to building materials, design and site layout.



To promote beautifully designed, landscaped and maintained complements and enhances the environment.

To implement pedestrian-friendly neighborhood elements.

To provide a comprehensive site plan assuring methodical development.

development that

Overall Design Concept

Use Categories

This PUD proposes two (2) land use categories: (1) Temple and (2) Meetinghouse. The Temple and Meetinghouse land use categories are intended to foster the creation of areas which

can assist in the establishment of a stable, functional neighborhood. The Temple land use

category shall allow for the construction of the Phoenix Temple and accessory uses. The Meetinghouse land use category shall allow for the existing Meetinghouse and accessory uses.

The aforementioned land use categories are more specifically defined in Section E Permitted Uses of this document.

Themes

The City of Phoenix, although considered a relatively new city, is a crossroad for various cultures and heritages with many layers of history. The Temple, which is a historically significant building, shall enhance and promote the historical and cultural qualities that are

inherent and distinct to LDS members. The Phoenix Temple follows in the architectural tradition of the other 129 temples throughout the world. While no two temples are

architecturally identical, they are all alike in that they are places designed to create a sense of timeless serenity. The proposed Temple shall create a unique environment containing a

harmonious balance of forms and materials that are visually interesting to be enjoyed by the surrounding neighborhood. The proposed architectural and landscape elements shall respect the existing neighborhoods to the north, east and west of the Property, as well as the natural open space to the south of the Property. The Temple's design and building placement shall provide transitional elements around the perimeter to integrate it with the surrounding neighborhood. These elements include:

Sizeable setbacks;

Extensive landscaping;

• Perimeter treatment; and

Extra deep lot.



The community will able to take pride in the Temple's strong sense of identity and design.

B. SITE CONDITIONS AND LOCATION

This PUD is for approximately 9 acres located at the northwest comer of 51 st Avenue and Pinnacle Peak Road. North, east and west of the Property are existing single-family residences zoned City of Phoenix RE-35. South of the Property and Pinnacle Peak Road is undeveloped land zoned City of Phoenix RE-43 (See Exhibit "F") and City of Glendale Parks and Open Space.

Of the approximately 9 acres, 4.20 acres, more or less, of the Property is fully improved with the existing Meetinghouse. The Meetinghouse is used for Sunday religious worship, and religious instructional and social events. The remaining 4.38 acres, more or less, of the Property is vacant and will host the proposed Phoenix Temple. (See Exhibit "I")

C. GENERAL PLAN CONFORMANCE

The City of Phoenix General Plan Land Use Designation for the Property is Residential (1-2 dwelling units per acre). The properties to the north, east and west are designated on the Land Use Plan as Residential (1-2 dwelling units per acre). The City of Glendale General Land Use Map designates the property to the south as Open Space and Recreation.

GROWTH AREA ELEMENT

Goal 1 Growth: Maintain a high tlualitv of life and economically healthy community.

This PUD supports a high quality of life by providing a stronger linkage between religious opportunity, the community and the home. Further, this PUD supports religious opportunity within close proximity to neighborhoods. This PUD recognizes the desired scale and land use classification of the adjacent residential properties by utilizing intense buffering techniques, which include sizeable setbacks, extensive landscaping and perimeter treatment, and an extra deep lot.

Additionally, the landscaping and perimeter treatment standards are identical to that required in the Commercial C-2 District Intermediate Commercial zoning district. In the RE-35 zoning district, there are no landscape standards. The proposed landscaping treatment is compatible with and relates to the established distinctive character of the surrounding area, as well as helps to create a sense of place and enhances the character of Temple and Meetinghouse grounds. This



PUD provides an opportunity to support the emerging religious needs of the greater Phoenix area.

LAND USE ELEMENT

"The Land Use Element" recommends how "Phoenix should grow within its boundaries to have a rational urban form (the urban village model), promote infill and be compatible with its neighbors." The following goal and principles concern itself exclusively to the Property and the surrounding neighborhood context.

Goal 1 Urban Form: Growth should be structured into a series of urban villages characterized by the five components of the urban village model: core, neighborhoods, community service areas, regional service areas and open space.

The Principles:

Promoting the uniqueness of each village: celebrating the lifestyle and character, the unique identity of each village with its history, patterns of development, types of open space, public facilities, and .types of development from large lot and rural to mixed-use and urban.

Preserving and enhancing the quality of life in each village: protecting the historic character, unique amenities, open spaces, public facilities, and neighborhoods, and ensuring compatible new development.

Providing for a majority of resident needs within the village: allowing residents the opportunity to live, work, play, shop, to receive health care and social services within their villages conveniently, and to access these activities by a multi-modal transportation system.

This PUD adds to the unique lifestyle, character and identity of the Deer Valley Village and the City of Phoenix, as well as provides Village residents convenient religious opportunities.

Urban Village Model: Neighborhoods

Neighborhoods: "The neighborhood component of the urban village model recognizes the importance of residential area as the major land use in each village. Its goal is to preserve and enhance existing neighborhoods and create strong and viable new neighborhoods. The component includes all .types of housing and low intensity nonresidential uses that

serve the recreational, educational, and retail needs of the neighborhoods as well as

neighborhood open space."



Policy No. 6: Ensure that neighborhoods have reasonable access to basic neighborhood support services.

This PUD provides neighborhoods access to additional religious opportunities via Pinnacle Peak Road and 51 st Avenue (both classified as arterial roadways). Moreover, this PUD is in close proximity to the State Route 101 and Interstate- 17. This PUD provides reasonable access to low intensity non-residential uses

commonly associated with communities.

Urban Village Model: Community Services Areas

Community Service Areas: "Community service areas provide land uses that primarily benefit residents in clusters of ad[acent neighborhoods. Today, these services may provide shopping and services in community level shopping centers at intersections, in linear patterns along major or collector streets, or they may be individual facilities such as middle and high schools, large churches, community colleges, community centers and community level parks."

D. ZONING AND LAND USE COMPATIBILITY

The Property is currently zoned City of Phoenix RE-35. The properties to the north, east and west of the Property are existing single-family residences zoned City of Phoenix RE-35. The properties to the south are vacant/undeveloped land zoned City of Phoenix RE-43 (See Exhibit "F") and City of Glendale Parks and Open Space. This rezone request is for approximately 9 acres located at the northwest comer of 51 st Avenue and Pinnacle Peak Road. The proposed rezone request is within the Deer Valley Village, and is not within the Village Core or an overlay zoning district.

Moving farther outward from the Property, the properties to the north and east are zoned City of Phoenix RE-35; the properties to the southeast are zoned City of Phoenix RE-43; the properties to the south are zoned City of Glendale Parks and Open Space; and the properties to the west are zoned City of Phoenix RE-35 and RI-18. (See Exhibit "E")

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10

E. PERMITTED USES

P Permitted Uses / A Accessory, Uses to a Temple, Meetinghouse, Church, Religious Assembl•: Facilit•

1. Temple P*

2. Meetinghouse, Church or Religious Assembly Facility P

3. Mechanical Enclosure A

4. Storage Building A

* Excluded uses on the Phoenix Temple property are a visitor's center and Easter and Christmas Festivities (see Section M- Stipulation 2c).

** There shall be no electronic bells or chimes.

*** There shah be no charity dining halls.

**** The Temple shall be closed on Sundays and Mondays.



F. DEVELOPMENT STANDARDS

Development Table

PUD DEVELOPM•IT STANDARDS

Primary Building Setbacks (See Exhibit "I")

Accessory Structure Setbacks

(SeeExhib#

Mechanical Enclosure

(not a structure) (See Exhibit "I")

Min. Front (street)." 90' Min. Side (perimeter): 90' Min. Side (interior 1): 90' Min. Side (interior 2). 90' Min. Rear (interiorl). 75'

Min. Rear (2)." 75'

Max. Shade Structure Height." 18'

Min. Front Setback (street)." 35' Min. Side Setback (perimeter): 40' Min. Side Setback (interior 1)." 15' Min. Side Setback (interior 2)." 40' Min. Rear Setback (interiorl)." 75'

Min. Rear Setback (2)." 75'

Max. six (6) shade structures.

Max. Square-Footage per Shade Structure: 1600 square-feet

Max. Shade Structure Coverage. 7%

Min. Front Setback (street): 450' Min. Side Setback (perimeter)." 80" Min. Side Setback (interior 2)." 80'

Min. Rear Setback (2)." 40'

Max. 15-foot high walls.

Meetinghouse

Min. Front (street). 30' Min. Side (street): 20"

Min. Side (interior): 20' Min. Rear (interior Meetinghouse)." 50'


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PUD DEVELOPMENT ST ')

Minimum Landscape Setbacks

Minimum Building

Separation

Primary Building Height

Lot Coverage

Parking

Front (street). 40' Side (perimeter)." 20' Side (interior 1)." O' Side (interior 2)." 20' Rear (interiorl)." 10'

Rear (2)." 20'

20' separation to Temple Shade Structures. 100' separation to all other structures.

Maximum 2 Stories / 40' Excluding non-occupiable area (spire)

above 40' See Exhibit "L ".

Primary Structure 25%/Accessory Structures 7% / Total 32%

Assembly Space

Assembly Space at a ratio of 1 parking space per 60 square-feet (gross)

Meetinghouse

Front (streeO." 20' Side (streeO. 20'

Side (interior). 20" Rear (interior Meetinghouse): O'

20' separation to Storage Building.

100' separation to all other structures.

Meetinghouse. 2 Stories / 30' Storage Building." 15'

Primary Structure 25%/Accessory Structures 5% / Total 30%

Main Worship Space

1 space per 58" oflinearpew



Landscape Standards

PUD LANDSCAPE S

STREETSCAPE

Trees*

Min. 2-inch caliper (50% of required trees)

Min. 3-inch caliper or multi-trunk tree (25% of required trees)


Meetinghouse




Shrubs Min. five (5) 5-gallon shrubs per tree Min. five (5) 5-gallon shrubs per tree

PARKING LOT AREA +:

Interior surface area (exclusive of

perimeter landscaping and

all required setbacks)

Landscape Planters

Landscape planters**, single row of parking

Landscape planters**, double

row of parking

Min. 10%

At ends of each row of parking & approximately every 110'

Min. 120 square-feet

Min. 240 square-feet

Meetinghouse

Min. 10%

At ends of each row of parking & approximately every 110'

Min, 120 square-feet

Min, 240 square-feet

20-feet on cenier or equivalent groupings. ** Measured from inside face of curb to inside face of curb.



PUD LANDSCAPE STANDARDS (CONT,)

Trees Min. 2-inch caliper (60% of required trees)


Meetinghouse




Trees

Shrubs



Meetinghouse



Min. five (5) 5-gallon shrubs per tree Min. five (5) 5-gallon shrubs per tree



PUD LANDSCAPE STA_•A_• i)

PERIMETER PROPERTY LIN• •NOT ADJCANET TO • T)

Landscape Setbacks

Trees*

Side (perimeter)." 20' Side (interior 1)." O' Side (interior 2). 20' Rear (interiorl)." 10'

Rear (2). 20'



Meetinghouse

Side (interior)." 20' Rear (interior Meetinghouse)." O'



(Tree Height- see note below)


See Exhibit M- S•pulation 2e.

NOTE: Trees depicted on the landscape plan date stamped November 30, 2009, shall be a

minimum of 40-feet in height at maturity along the north and northeast boundary of the Temple parking lot located north of the Temple and along the parking lot located east of the Temple, as approved by the Development Services Department.

20-feet on center or equivalent groupings.

Lighting

The Temple and Meetinghouse land use categories' lighting shall be in conformance with the City of Phoenix Zoning Ordinance Section 704 of the Zoning Ordinance and Section 23-100 Outdoor Lighting of the Charter and Code of the City of Phoenix. The lighting for the Phoenix Temple steeple and lighting on the north side of the building shall be tumed off no later than 10:00 p.m.


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Signage

One (1) monument sign is proposed in the front-yard setback of the Temple. Building mounted signage will be limited to building identification and religious scriptures (Not regulated by the sign code due to the Religious Freedom Act). The monument sign shall be in conformance with the City of Phoenix Zoning Ordinance.

Site Walls

A freestanding 6-foot wall will bound the Meetinghouse's side (interior) property line and the Temple side (interior and perimeter) and rear property lines. A freestanding 8-foot wall will bound the Temple garden to create a sense of place and serenity within the garden. The 6 and 8-foot walls will be designed in a similar material and color to the Temple (See Exhibit I).

Parking

The Temple and Meetinghouse shall implement a cross-parking arrangement. The Temple is not designed to accommodate large numbers of people at any one time. Since Temple activity is spread out over the day, traffic flow is nominal; and ample parking will be available onsite. Additionally, the Temple will be closed on Sundays, the day the adjacent Meetinghouse is most busy.

G. DESIGN GUIDELINES

The Temple and Meetinghouse land use categories' design guidelines conformance with the City of Phoenix Zoning Ordinance Section 507, Tab A.

shall be in

H. INFRASTRUCTURE

1. CIRCULATION SYSTEM

A. Streets

Ingress and egress to the Property will be provided via two (2) existing drives. The Pinnacle Peak Road drive will serve as the primary ingress and egress to the Temple and Meetinghouse. At the time of construction, the drive on Pinnacle Peak Road will be widened to 40-feet wide at the property line with 20-foot radius retums. No improvements are proposed to the drive on 51 st Avenue.



The Street Classification Map designates Pinnacle Peak Road, between 51 st

Avenue to 55 th Avenue as a C-Class Arterial. At the time of development, 32-feet of fee title right-of-way for half street roadway improvements will be dedicated for the north half of Pinnacle Peak Road for a total of 55-feet if right-of-way (See Exhibit M- Stipulations 3 and 4).

B. Pedestrian Circulation Plan

The City of Phoenix Development Services Department Fact Finding Summary shows an existing 25-foot multi-use trail easement adjacent to the Meetinghouse along Pinnacle Peak Road. At the time of construction, this 25-foot M.U.T.E. will be extended approximately 300-feet to west property line of the Temple, along with the 10-foot wide decomposed granite trail (See Exhibit M- Stipulation 5).

C. Grading and Drainage

The DSD Fact Finding Summary shows that the project will be designed to accommodate on-site storage for run-off from a 100-year, 2-hour storm event.

D. Wastewater Services

The DSD Fact Finding Summary shows an existing sewer main is adjacent to the site. Wastewater services for this project will be provided by a 24-inch gravity sewer line located in Pinnacle Peak Road. The conceptual sewer system will connect to Manhole No. 402, which is located near the west property line of the Temple.

I. PHASING PLAN

This PUD consists of one phase. If required, Phase I shall include the construction of the infrastructure, off-site improvements, drives, sidewalks, water, sewer, drainage system, street lighting, and utilities such as electricity, communication, gas and cable (See Exhibit M Stipulations 6 and 7). Phase I vertical development will consist of the Temple, mechanical enclosure and any accessory structures.



EXHIBITS



LEGAL DESCRIPTION

A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 4 NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEAST CORNER OF SMD SECTION 8, MARKED BY A CITY OF PHOENIX BRASS CAP AND LYING NORTH 89°43'26" EAST FROM THE SOUTH QUARTER CORNER FOR SAID SECTION 8, MARKED BY A CITY OF PHOENIX, BRASS CAP IN A HANDHOLE;

THENCE SOUTH 89°43'26" WEST, ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF SECTION 8, A DISTANCE OF 40.00 FEET;

THENCE NORTH 00010'08" WEST, PARALLEL TO THE EAST L1NE OF SAID SOUTHEAST QUARTER OF SECTION 8, A DISTANCE OF 40.00 FEET TO THE TRUE POINT OF BEGINNING;

THENCE SOUTH 89°43'26 WEST, PARALLEL TO THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF SECTION 8, A DISTANCE OF 605.73 FEET;

THENCE NORTH 00010'08 WEST, PARALLEL TO THE EAST LINE OF SAID SOUTHEAST QUARTER OF SECTION 8, A DISTANCE OF 25.00 FEET;


THENCE NORTH 00°10'08 WEST, PARALLEL TO THE EAST LINE OF SAID SOUTHEAST QUARTER OF SECTION 8, A DISTANCE OF 563.06 FEET;

THENCE NORTH 89043'26 EAST, PARALLEL TO THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF SECTION 8, A DISTANCE OF 301.20 FEET;

THENCE SOUTH 00°10'08" EAST, PARALLEL TO THE EAST LINE OF SAID SOUTHEAST QUARTER OF SECTION 8, A DISTANCE OF 226.41 FEET;

THENCE NORTH 89°41 '24" EAST A DISTANCE OF 607.40 FEET, TO A LINE LYING 40.00 FEET WEST OF THE EAST LINE OF SAID SOUTHEAST QUARTER OF SECTION 8;

THENCE SOUTH 00°10'08 EAST, PARALLEL TO THE EAST LINE OF SAID SOUTHEAST QUARTER OF SECTION 8, A DISTANCE OF 362.11 FEET TO THE TRUE POINT OF BEGINNING.

SAID PARCEL CONTAINS 389,356 SQ. FT. OR 8.94 ACRES MORE OR LESS.

EAST ELEVATION O

SECTION (• EWSOUTH @ 0 5 IS 30 •

26'4"

EAST ELEVATION

SECTION (• EW AXIS

OFFICIAL RECORDS OF

MARICOPA COUNTY RECORDER HELEN PURCELL

20091109803 12/03/2009 12:51 ELECTRONIC RECORDING

5456G-8-1-1-- chagollaj

ORDINANCE G-5456

AN ORDINANCE AMENDING THE CODE OF THE CITY OF PHOENIX, ARIZONA, PART II, CHAPTER 41, THE ZONING ORDINANCE OF THE CITY OF PHOENIX, BY AMENDING SECTION 601, THE ZONING MAP OF THE CITY OF PHOENIX, CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN (CASE Z-40-09-1) FROM RE-35 (SINGLE FAMILY RESIDENCE) TO PUD (PLANNED UNIT DEVELOPMENT).

WHEREAS, on April 29, 2009, the City of Phoenix Planning Department

received, in compliance with the requirements of the City of Phoenix Zoning Ordinance,

Section 506, a written request for rezoning from Paul Gilbert with Beus Gilbert PLC

having authorization to represent the owner, Corporation of the Presiding Bishop of the

Church of Jesus Christ of Latter-Day Saints of an approximately 10.42 acre property

located at the northwest corner of 51st Avenue and Pinnacle Peak Road in a portion of

Section 8, Township 4 North, Range 2 East, as described more specifically in

Attachment "A", attached hereto and incorporated herein by this reference; and,

WHEREAS, pursuant to A.R.S. § 9-462.04, the Planning Commission,

held a public hearing on November 10, 2009, and at this hearing recommended that the

City Council approve this rezoning request with the recommended staff conditions, as

modified; and,

20091109803

WHEREAS, the City Council, at their regularly scheduled meeting held on

December 2, 2009, has determined that, in accordance with A.R.S. § 9-462.01.F, this

rezoning request, with the appropriate site specific requirements provided in Section 2,

is consistent with and conforms to the General Plan, will conserve and promote the

public health, safety and general welfare, and should be approved, subject to the

conditions herein.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as

follows:

SECTION 1 The zoning of an approximately 10.42 acre property located

northwest corner of 51st Avenue and Pinnacle Peak Road in a portion of Section 8,

Township 4 North, Range 2 East, as described more specifically in Attachment "A", is

hereby changed from "RE-35" (Single Family Residence) t ° PUD (Planned Unit

Development) and that the Planning Director is instructed to modify The Zoninq Map of-

the City of Phoenix to reflect this use district classification change as shown in

Attachment "B".

SECTION 2: The specific nature of the subject property and of the

rezoning request is more particularly described in case file Z-40-09-1, on file with the

Planning Department. 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 Zonin.q Ordinance:

1. That an updated Development Narrative for the LDS Phoenix Temple reflecting the changes approved through this request shall be submitted to the Planning Department within 14 days of City Council approval of this request. The updated Development

-2- Ordinance G-5456

20091109803

Narrative shall be consistent with the Development Narrative date stamped October 1, 2009, as modified by the following stipulations.

That the PUD should be modified as follows:

ao References to building height shall be modified to reflect the 40-foot building height, including pages 13, Table Tab A and two locations on Tab I.

bD Tab L.shall be replaced with attachments to Addendum A dated November 2, 2009.

The last sentence under Project Overview within the Purpose and Intent section Page 6 shall be modified to say, The Phoenix Temple will be different in design, but identical in current (defined as 12/2/09) use to the Mesa Temple, except that a visitor's center along with Christmas and Easter festivities shall not be held at this temple.

That lighting for the temple steeple and the lighting on the north side of the temple building shall be tumed off no later than 10:00 pm.

That the trees depicted on the landscape plan date stamped November 30, 2009, shall be a minimum of 40 feet in height at maturity along the north and northeast boundary of the temple parking lot located north of the temple and along the parking lot/sidewalk located east of the temple, as approved by the Development Services Department.

f. That there shall be no electronic bells or chimes.

g. That there shall be no charity dining halls.

h. That the temple shall be closed on Sundays and Mondays.

That the applicant shall be responsible for any dedications and required improvements as recommended by the approved traffic study, as approved by Development Services Department and the Street Transportation Department.

That the developer shall dedicate 32 feet of right-of-way for half- street roadway improvements along the north side of Pinnacle Peak for the entire frontage of the proposed development, as approved by the Development Services Department.


20091109803

10.

11.

12.

13.

That the developer shall provide a Multi Use Recreational Trail Easement adjacent to the right-of-way. The easement shall be 25 feet with a 10-foot wide decomposed granite trail to be maintained by the parcel owner, as approved by the Parks and Recreation Department.

That the developer shall provide one streetlight, located approximately 200 feet west of the existing street light in front of the LDS property to the east, as approved by the Street Transportation Department.

That the developer shall provide curb, gutter, sidewalk, paving and incidentals for half-street roadway improvements on Pinnacle Peak Road, as approved by the Development Services Department.

That the developer shall provide landscaping and irrigation in accordance with plans approved by the Development Services Department.

That the temple open house period shall be limited to a maximum of 30 consecutive days and that a reservation system shall be required for all visitors to the temple open house.

That a traffic management plan to address traffic and parking during the open house shall be submitted to and approved by the Street Transportation and Development Services Departments prior to preliminary site plan approval.

That the exterior of the temple shall be architectural precast concrete, best described as "Sandy Quartz Patina Concrete." The exterior color of the temple shall be consistent with the attached photograph date stamped November 30, 2009, as approved by the Development Services Department.

That development shall be in general conformance with the site plan in the development narrative dated October 1,2009, as approved by the Development Services Department, with specific regard to the building setbacks and the 30,000 square footage limitation of the temple.

That the developer shall submit a drainage report to the Development Services Department concurrent with preliminary site plan submittal. The report shall include an analysis of the historic and existing off-site storm water flows within the vicinity of the subject site to ascertain if additional infrastructure improvements are necessary at the time of development. The scope of the


20091109803

14.

15.

16.

17.

18.

additional infrastructure improvements shall be limited to the proportional impact of the subject site as approved by the Development Services Department.

That a parking management plan shall be submitted to and approved by the Development Services Department prior to preliminary site plan approval. The plan shall address parking for both the temple and meeting house.

That the applicant shall provide their proportionate share (25% in

an escrow account prior to preliminary site plan approval) toward the costs of a traffic light at 51 st Avenue and Pinnacle Peak Road, as approved by the Street Transportation Department.

That a construction management plan to address traffic dudng construction shall be submitted to and approved by Right-Of-Way Management in the Street Transportation Department.

That the applicant shall pay their proportionate share of the costs of

any traffic mitigation that is approved by Street Transportation Traffic Safety. An amount not to exceed $5,000 shall be placed in an escrow account prior to preliminary site plan approval for the temple. The area of study shall include Electra Lane and other impacted neighborhood streets within a half mile of the subject site.

That the applicant shall invite the following individuals to all Development Services Department site plan review meetings:

ao Scott Anderson, 5029 W. Whispering Wind Drive, Glendale, AZ 85310 Larry Smith (or alternate), 5236 W. Saguaro Park Lane, Glendale, AZ 85310

SECTION 3: 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.

-5- O•inance G-5456

20091109803

2009.

ATTEST:

0 APPROVED AS TO FORM:

R•VIFWFD BY: MLW/a••('C M•rl 4•

PASSED by the Council of the City of 'hoenix this 2nd day of December,

City Clerk

Acting City AttorneYjl•L •

city Manager

Attachments: A- Legal Description (1 Page) B- Ordinance Location Map (1 Page)


20091109803

ATTACHMENT A

LEGAL DESCRIPTION FOR Z-40-09-1

A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 4 NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 8, MARKED BY A CITY OF PHOENIX BRASS CAP AND LYING NORTH 89°43'26 EAST FROM THE SOUTH QUARTER CORNER FOR SAID SECTION 8, MARKED BY A CITY OF PHOENIX, BRASS CAP IN A HANDHOLE;

THENCE SOUTH 89°43'26 WEST, ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF SECTION 8, A DISTANCE OF 40.00 FEET;

THENCE NORTH 00°10'08 WEST, PARALLEL TO THE EAST LINE OF SAID SOUTHEAST QUARTER OF-SECTION 8, A DISTANCE OF 40.00 FEET TO THE TRUE POINT OF BEGINNING;


THENCE NORTH 00°10'08 WEST, PARALLEL TO THE EAST LINE OF SAID SOUTHEAST QUARTER OF SECTION 8, A DISTANCE OF 25.00 FEET;


THENCE NORTH 00°10'08 WEST, PARALLEL TO THE EAST •INE OF SAID SOUTHEAST QUARTER OF SECTION 8, A DISTANCE OF 563.06 FEET;

THENCE NORTH 89°43'26 EAST, PARALLEL TO THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF SECTION 8, A DISTANCE OF 301.20 FEET;

THENCE SOUTH 00°10'08 EAST, PARALLEL TO THE EAST LINE OF SAID SOUTHEAST QUARTER OF SECTION 8, A DISTANCE OF 226.41 FEET;

THENCE NORTH 89°41'24" EAST A DISTANCE OF 607.40 FEET, TO A LINE LYING 40.00 FEET WEST OF THE EAST LINE OF SAID SOUTHEAST QUARTER OF SECTION 8;

THENCE SOUTH 00°10'08 EAST, PARALLEL TO THE EAST LINE OF SAID SOUTHEAST QUARTER OF SECTION 8, A DISTANCE OF 362.11 FEET TO THE TRUE POINT OF BEGINNING.

-7- O•inance G-5456

20091109803

0

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Backup to Item 1" Z-40-09-1 December 1, 2009 Page 4

CEY OF PHOENIX

Backup to Item 1:Z-40-09-1 December 1, 2009 Page 5

corporation the of phoenixtemple (the "temple"). to the members of church jesus christ...

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