Attachment A - Draft Ordinance - Z-60-19-4.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-60-19-4) FROM C-1 (NEIGHBORHOOD RETAIL) AND 
C-O (COMMERCIAL OFFICE) TO C-1 (NEIGHBORHOOD 
RETAIL). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 1.63 acre property located at the northwest 
corner of 15th Avenue and Indian School Road in a portion of Section 19, Township 2 
North, Range 3 East, as described more specifically in Exhibit “A”, is hereby changed 
from 1.15 acres of “C-1” (Neighborhood Retail) and 0.48-acres of “C-O” (Commercial 
Office) to “C-1” (Neighborhood Retail). 
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. 
The development shall be in general conformance with the elevations 
date stamped November 8, 2019, as modified by the following stipulations 
and approved by the Planning and Development Department.   
 
 
2. 
The developer shall dedicate a 1-foot Vehicular Non-Access Easement 
(VNAE) along the north property line (16th Drive) and the west property 
line where adjacent to R-4 (Multifamily Residence District) zoning. 
 
 
3. 
All sidewalks shall be detached with a minimum 5-foot-wide landscape 
area located between the sidewalk and back of curb and planted to the 
following standards, as approved by the Planning and Development 
Department. Where utility conflicts exist, the developer shall work with the 
Planning and Development Department on alternative design solutions 
consistent with a pedestrian environment. 
 
 
 
a. 
Minimum 3-inch caliper large canopy, single-trunk, shade trees 
placed a minimum of 25 feet on center or equivalent groupings to 
provide a minimum of 75 percent shade on adjacent sidewalks. 
 
 
 
 
b. 
Drought tolerant shrubs and vegetative groundcovers with a 
maximum mature height of 24 inches to provide a minimum of 75 
percent live coverage at maturity. 
 
 
4. 
The required landscape setback areas along all public streets shall be 
planted with large canopy shade trees, selected from the list contained in 
Table 1309.1 of the Phoenix Zoning Ordinance excluding those identified 
as “understory trees”, placed 20 feet on center or in equivalent groupings 
with 25 percent of the trees a minimum 4-inch caliper and 75 percent a 
minimum of 3-inch caliper, as approved by the Planning and Development 
Department. 
 
 
5. 
The developer shall locate trees in close proximity to the bus stop along 
Indian School Road to shade the bus stop area to a minimum 75 percent, 
as approved by the Planning and Development Department.  
 
 
6. 
The developer shall incorporate bicycle infrastructure as described below 
and as approved by the Planning and Development Department.  
 
 
 
a. 
A bicycle repair station (“fix it station”) shall be provided in an area 
of high visibility, separated from vehicular maneuvering areas, and 
located within close proximity to 15th Avenue and the bus stop on 
Indian School Road. The repair station shall include: standard

repair tools affixed to the station; a tire gauge and pump affixed to 
the base of the station or the ground; and a bicycle repair stand 
which allows pedals and wheels to spin freely while making 
adjustments to the bike. 
 
 
 
 
b. 
A minimum of 4 inverted U-bicycle racks, artistic style rack (in 
adherence to the City of Phoenix Preferred Designs in Appendix K 
of the Comprehensive Bicycle Master Plan) or “Outdoor/Covered 
Facilities” for guests and employees. These facilities shall be 
located near building entrances, installed per the requirements of 
Section 1307.H. of the Zoning Ordinance, and approved by the 
Planning and Development Department. 
 
 
7. 
The developer shall provide a system of clearly defined, accessible 
pathways constructed of decorative pavers, stamped or colored concrete, 
or other pavement treatments that visually contrast with the adjacent 
parking and drive aisles surfaces which provide direct connections 
between the following site elements: all building entrances and exits; bus 
stops; and the bicycle repair station. The above conditions shall be 
approved by the Planning and Development Department.  
 
 
8. 
The developer shall provide an enhanced and shaded pedestrian 
pathway from the entrance of the building to the bus stop on Indian 
School Road, as approved by the Planning and Development 
Department.  
 
 
9. 
The developer shall retain right-of-way and reconstruct one bus stop pad 
along westbound Indian School Road west of 15th Avenue, compliant 
with City of Phoenix Standard Detail P1260 (attached sidewalk) or P-1262 
(detached sidewalk) at a minimum depth of 10 feet. The bus stop pad 
shall be spaced from the intersection of Indian School Road and 15th 
Avenue as per City of Phoenix Standard Detail P1258. The above 
conditions shall be approved by the Planning and Development 
Department. 
 
 
10. 
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. 
 
 
11. 
The developer shall construct the driveway to Indian School Road with a 
restriction of access to right-in and right-out turning movements, as 
approved by the Street Transportation Department.

12. 
The developer shall record a Notice to Prospective Purchasers of 
Proximity to Airport in order to disclose the existence and operational 
characteristics of Phoenix Sky Harbor International Airport (PHX) to future 
owners or tenants of the property.  
 
 
13. 
The developer shall provide space and access on the site for recycling 
containers, as approved by the Planning and Development Department. 
 
 
14. 
If determined necessary by the Phoenix Archaeology Office, the applicant 
shall conduct Phase I data testing and submit an archaeological survey 
report of the development area for review and approval by the City 
Archaeologist prior to clearing and grubbing, landscape salvage, and/or 
grading approval. 
 
 
15. 
If Phase I data testing is required, and if, upon review of the results from 
the Phase I data testing, the City Archaeologist, in consultation with a 
qualified archaeologist, determines such data recovery excavations are 
necessary, the applicant shall conduct Phase II archaeological data 
recovery excavations. 
 
 
16. 
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. 
 
 
17. 
The applicant shall maintain landscaping in accordance with the 
landscape plan and stipulated improvements. 
 
 
18. 
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 3rd day of June, 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-60-19-4 
 
A portion of the Southeast Quarter of Section 19, Township 2 North, Range 3 East of 
the Gila and Salt River Base and Meridian, Maricopa County, Arizona, including all of 
the following: 
 
Parcel No. 1: 
Lots 10 and 11, Bel Air Plat Three, according to Book 50 of Maps, records of Maricopa 
County, Arizona; 
Except any portion of said Lots 10 and 11 within 50 feet of the monument line of Indian 
School Road, as shown on said Plat as conveyed by Deeds recorded in recording no. 
83-071703 and recording no. 83-071704; and 
Except any portion of said Lot 10 lying within property conveyed to the City of Phoenix 
in Quit-Claim Deed recorded in recording no. 88-271470; and 
Except any potion of said Lot 10 lying within property condemned to the City of Phoenix 
in Amended Final Order of Condemnation recorded in recording no. 89-141767. 
 
Parcel No. 2: 
Lots 7, 8 and 9, Bel Air Plat Three, according to Book 50 of Maps, records of Maricopa 
County, Arizona