Attachment A - Draft Ordinance - Z-41-21-7.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-41-21-7) FROM S-1 (APPROVED C-2 or CP/GCP) 
(RANCH OR FARM RESIDENCE DISTRICT, APPROVED 
INTERMEDIATE COMMERCIAL DISTRICT OR COMMERCE 
PARK DISTRICT, GENERAL COMMERCE PARK OPTION) TO C-
2 HGT/WVR DNS/WVR (INTERMEDIATE COMMERCIAL 
DISTRICT, HEIGHT WAIVER, DENSITY WAIVER). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 14.56-acre site located approximately 615 
feet north of the northwest corner of 59th Avenue and Dobbins Road in a portion of 
Section 6, Township 1 South, Range 2 East, as described more specifically in Exhibit 
“A”, is hereby changed from “S-1 (Approved C-2 or CP/GCP)” (Ranch or Farm 
Residence District, Approved Intermediate Commercial District or Commerce Park 
District, General Commerce Park Option) to C-2 HGT/WVR DNS/WVR (Intermediate 
Commercial District, Height Waiver, Density Waiver).

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 site plan and 
elevations date stamped August 30, 2021, as modified by the following 
stipulations and approved by the Planning and Development Department.  
2. 
The buildings along 59th Avenue, as depicted on the site plan date stamped 
August 31, 2021, shall not exceed a maximum height of 2 stories and 30 feet. 
Other buildings on the site shall not exceed a maximum height of 3 stories and 40 
feet. 
3. 
The developer shall construct a 10-foot-wide public Shared Use Path (SUP) 
along 59th Avenue, which shall be detached with a landscape strip located 
between the sidewalk and back of curb following the most recent Cross Section 
of the Street Classification Map. The landscape area between the sidewalk and 
back of curb shall be planted to the following standards, as approved by the 
Planning and Development Department. 
a. 
Minimum 2-inch caliper shade trees that provide a minimum 75 percent 
shade at maturity. 
b. 
Drought tolerant vegetation maintained at a maximum height of 24 inches 
and achieve 75 percent live coverage. 
Where utility conflicts exist, the developer shall work with the Planning and 
Development Department on alternative design solutions consistent with a 
pedestrian environment. 
4. 
A minimum landscape setback of 30 feet shall be required along 59th Avenue 
and shall be planted with minimum 50 percent 3-inch caliper, 50 percent 4-inch 
caliper large canopy drought-tolerant trees, 20 feet on center or in equivalent 
groupings, and five 5-gallon shrubs per tree, and 75 percent live groundcover, 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.

5. 
The required landscape setback along the interior property lines shall be planted 
with minimum 2-inch caliper trees at 20 feet on center or in equivalent groupings, 
and 75 percent live groundcover at maturity, as approved by the Planning and 
Development Department. 
6. 
The primary vehicular entrance to the development shall include the following 
elements, as approved by the Planning and Development Department: 
a. 
Pedestrian pathway connecting the interior of the development to the 
public sidewalk and shall be constructed of bricks, pavers, or similar 
material. 
b. 
The pedestrian pathway shall be detached from the vehicular driveway 
and lined with landscape areas on both sides of not less than 5 feet each. 
The landscape area shall be planted with drought-tolerant plant materials 
providing seasonal interest and 75 percent live cover. 
c. 
A mix of ornamental trees (no less than 2-inch caliper), shrubs (no less 
than five five-gallon shrubs per tree) and flower beds that will maintain a 
constant bloom throughout the year and 75 percent live cover, shall be 
provided along both sides of the entryway and within a landscaped median 
of no less than 5 feet in width. 
d. 
The driveway surface shall be constructed of decorative pavers, stamped 
or colored concrete, or another material, other than those used to pave the 
parking surfaces, as approved by the Planning and Development 
Department. 
7. 
Open view wrought iron fencing or a combination of maximum two feet of solid 
masonry topped by wrought iron open view fencing shall be utilized along 
pedestrian and vehicular entryway areas, as approved by the Planning and 
Development Department. 
8. 
Walls along the perimeter of the site shall include material and textural 
differences, such as stucco and/or split face block with a decorative element, 
such as tile or stamped designs, as approved by the Planning and Development 
Department. 
9. 
Decorative rail or similar fencing elements shall be provided along 59th Avenue, 
as approved by the Planning and Development Department. 
10. 
The development shall provide a minimum of 18 percent of open space. A 
minimum of three district open space areas shall be provided as depicted on the 
site plan date stamped August 30, 2021. Additionally, three benches or seating 
features shall be provided throughout the development within shaded areas. One 
of the benches or seating features shall be located within close proximity to the 
primary entryway along 59th Avenue.

11. 
A central amenity and open space area shall be provided within close proximity to 
the primary vehicular entrance into the development, and include the following 
amenities at a minimum, as approved by the Planning and Development 
Department: 
a. 
Swimming pool; 
b. 
Clubhouse. 
12. 
No more than 50 percent of the landscape areas within common areas or 10 
percent of the net lot area, whichever is less, should be planted in turf or high-
water use plants. Turf areas should be located only in the common open space 
areas, including retention basins, as approved by the Planning and Development 
Department. 
13. 
A system of pedestrian thoroughfares shall be provided at a minimum, as 
described below and as approved or modified by the Planning and Development 
Department: 
a. 
Pathways shall be illuminated by pedestrian scale lighting per Section 
1304(H)5. 
b. 
Where pedestrian pathways 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. Vehicular crossings shall be kept to a minimum. 
14. 
Active open space areas, with the exception of the pool, shall be shaded a 
minimum of 75 percent using architectural shade and/or shade trees at full 
maturity, as approved by the Planning and Development Department. 
15. 
Pedestrian paths internal within the site and connecting the public sidewalk shall 
be shaded to a minimum of 75 percent using architectural shade and/or shade 
trees at full maturity, as approved by the Planning and Development Department. 
16. 
All uncovered surface parking lot areas shall be landscaped with a minimum 2-
inch caliper drought-tolerant shade trees. Landscaping shall be dispersed 
throughout the parking areas and achieve 25 percent shade at maturity, as 
approved by Planning and Development Department. 
17. 
The development shall incorporate bicycle infrastructure as described below and 
as approved by the Planning and Development Department. 
a. 
Minimum of four bicycle parking spaces via inverted U-bicycle racks, 
artistic style bicycle racks or “Outdoor/Covered Facilities” shall be located 
near the vehicular entryway into the development or nearby amenity 
areas. All bicycle racks shall adhere to Appendix K of the Comprehensive 
Bicycle Master Plan.

b. 
Secure bicycle parking for residents shall be provided at a minimum rate of 
0.25 spaces per residential unit, with a maximum of 50 spaces, and shall 
adhere to the standards in Section 1307.H of the Zoning Ordinance. 
c. 
One bicycle repair station (“fix it station”) shall be provided and maintained 
within close proximity to the primary vehicular entryway to the 
development. The bicycle repair station (“fix it station”) shall be provided in 
an area of high visibility and separated from vehicular maneuvering areas, 
where applicable. 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. 
18. 
The developer shall provide traffic calming measures at all vehicular points of 
ingress and egress to slow vehicles departing the development and crossing the 
public sidewalks, as approved by the Planning and Development Department. 
19. 
The developer shall dedicate minimum 55 feet of right-of-way for the west half of 
59th Avenue, as approved by the Planning and Development Department. 
20. 
The developer shall construct and landscape a 14-foot-wide median island along 
59th Avenue from Siesta Way to the northern edge of the development. A median 
opening shall be provided at 59th Avenue and Siesta Way for full access while 
the northern access shall be restricted to right-in/right-out only by the median 
island, as depicted on the site plan date stamped August 30, 2021 and as 
approved by the Street Transportation Department. 
21. 
The developer shall construct a detached sidewalk and minimum 13-foot-wide 
landscape area located between the back of curb and sidewalk as required by 
the CM Cross Section along the west side of 59th Avenue, as approved by the 
Planning and Development Department. 
22. 
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 is 
reviewed and approved by the City. The TIS shall include signal warrant analysis 
for the intersections of 59th Avenue and Dobbins Road and 59th Avenue and 
South Mountain Boulevard. The developer shall be responsible for any additional 
dedications and construction and/or contribute funds in escrow for the traffic 
signals, as required by the approved TIS. 
23. 
Existing irrigation facilities along any existing and or proposed right-of-way shall 
be either removed from city right-of-way or undergrounded and relocated outside 
of City right-of-way. Contact SRP to identify existing land rights and establish the 
appropriate process to remove or relocate the facility. Relocations that require 
additional dedications or land transfer, require completion prior to obtaining plat 
and or civil plan review approval.

24. 
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. 
25. 
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. 
26. 
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. 
27. 
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. 
28. 
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. 
29. 
A minimum of one pedestrian connection shall be provided within the west 600 
feet of the property, along the south side, to allow access between the site and 
any future development to the south, as approved by the Planning and 
Development Department. 
 
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 November, 
2021. 
 
 
 
 
________________________________ 
 
 
 
       MAYOR

ATTEST:  
 
 
_________________________  
Denise Archibald, City Clerk 
 
 
APPROVED AS TO FORM: 
Cris Meyer, City Attorney 
 
 
By: 
_________________________  
_________________________ 
 
 
REVIEWED BY:  
 
 
_________________________  
Jeff Barton, City Manager 
 
Exhibits: 
A – Legal Description (1 Page) 
B – Ordinance Location Map (1 Page)

EXHIBIT A 
 
LEGAL DESCRIPTION FOR Z-41-21-8 
 
THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 1 
SOUTH, RANGE 2 EAST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN, 
MARICOPA COUNTY, ARIZONA;  
 
EXCEPT THE EAST 33.00 FEET THEREOF; AND   
 
THE SOUTH 663.17 FEET THEREOF; AND  
 
EXCEPT THE NORTH 1304.13 FEET THEREOF; AND  
 
EXCEPT THAT PORTION OF THE LAND CONVEYED TO THE STATE OF ARIZONA, 
DEPARTMENT OF TRANSPORTION, MORE PARTICULARLY DESCRIBED IN 
SPECIAL WARRANTY DEED, RECORDED JANUARY 9, 2019 AS 2019-0016336, OF 
OFFICIAL RECORDS AND RE-RECORDED JUNE 07, 2019 AS 2019-0426519, 
RECORDS OF MARICOPA COUNTY, ARIZONA.