Attachment A - Draft Ordinance - Z-32-23-3.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 ZONING ORDINANCE BY CHANGING THE ZONING 
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED 
HEREIN (Z-32-23-3) FROM R1-10 (SINGLE-FAMILY RESIDENCE 
DISTRICT) TO C-3 (GENERAL COMMERCIAL). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 1.20-acre property located approximately 
360 feet east of the southeast corner of Cave Creek Road and Mescal Street in a 
portion of Section 22, Township 3 North, Range 3 East, as described more specifically 
in Exhibit “A,” is hereby changed from “R1-10” (Single-Family Residence District) to “C-
3” (General Commercial). 
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. 
No bay or loading doors shall be located on perimeter building elevations 
facing the R-3 residential district. 
 
 
2. 
The maximum building height shall be 15 feet. 
 
 
3. 
Where pedestrian walkways cross a vehicular path, the pathway shall be 
constructed of decorative pavers, stamped or colored concrete, or other 
pavement treatments that visually contrasts parking and drive aisle surfaces, 
as approved by the Planning and Development Department. 
 
 
4. 
All uncovered surface parking lot areas shall be landscaped with minimum 2-
inch caliper drought-tolerant shade trees. Landscaping shall be dispersed 
throughout the parking area and achieve 25 percent shade at maturity, as 
approved by Planning and Development Department. 
 
 
5. 
A minimum of two bicycle parking spaces shall be provided through Inverted U 
and/or artistic racks located near building entrances and installed per the 
requirements of Section 1307.H. of the Phoenix Zoning Ordinance, as 
approved by the Planning and Development Department. A minimum of one of 
the required bicycle parking spaces shall include standard electrical 
receptacles for electric bicycle charging capabilities, as approved by the 
Planning and Development Department. 
 
 
6. 
A minimum of one parking space shall be EV Ready. 
 
 
7. 
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. 
 
 
8. 
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 15th day of May 2024.

________________________________ 
 
 
 
       MAYOR  
 
 
ATTEST:  
 
 
_________________________  
Denise Archibald, City Clerk 
 
 
APPROVED AS TO FORM: 
Julie M. Kriegh, City Attorney 
 
 
By: 
_________________________  
_________________________ 
 
 
REVIEWED BY:  
 
 
_________________________  
Jeffrey Barton, City Manager 
 
 
 
Exhibits: 
A – Legal Description (1 Page) 
B – Ordinance Location Map (1 Page)

EXHIBIT A 
 
LEGAL DESCRIPTION FOR Z-32-23-3 
 
That part of the Santa Rosa Mining Claim, within the Southwest quarter of Section 22, 
Township 3 North, Range 3 East of the Gila and Salt River Base and Meridian, 
Maricopa County, Arizona, being a portion of Mineral Survey No. 4112, according to the 
Patent recorded in Book 285 of Deeds, Page 579 thereof, and described a s follows: 
 
BEGINNING at the Southwest corner of the Northwest quarter of the Southwest quarter 
of said Section 22; 
 
thence South along the West line of said Section 90 feet;  
 
thence East 215 feet: 
 
thence North parallel to the West line of said Section 240 feet: 
 
thence West 215 feet, to the West line of said Section; 
 
thence South along said West line 150 feet to the POINT OF BEGINNING.