Attachment A - Draft Ordinance - Z-47-23-2.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 (CASE Z-47-23-2) FROM R1-8 NBCOD (SINGLE-FAMILY 
RESIDENCE DISTRICT, NORTH BLACK CANYON OVERLAY 
DISTRICT) AND FH NBCOD (FLOOD HAZARD AND EROSION 
MANAGEMENT DISTRICT, NORTH BLACK CANYON OVERLAY 
DISTRICT) TO R-3 NBCOD (MULTIFAMILY RESIDENCE 
DISTRICT, NORTH BLACK CANYON OVERLAY DISTRICT). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 9.78-acre site located approximately 670 feet 
south and 1,270 feet east of the southeast corner of North Valley Parkway and Sonoran 
Desert Drive in a portion of Section 24, Township 5 North, Range 2 East, as described 
more specifically in Exhibit “A,” is hereby changed from 8.67 acres of “R1-8 NBCOD” 
(Single-Family Residence District, North Black Canyon Overlay District) and 1.11 acres 
of “FH NBCOD” (Flood Hazard and Erosion Management District, North Black Canyon 
Overlay District), to 9.78 acres of “R-3 NBCOD” (Multifamily Residence District, North 
Black Canyon Overlay District).

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 date 
stamped September 19, 2023, as modified by the following stipulations and as 
approved by the Planning and Development Department. 
 
 
2. 
The development shall be in general conformance with the elevations date 
stamped July 26, 2023, as modified by the following stipulations and as 
approved by the Planning and Development Department. 
 
 
3. 
A 30-foot-wide multi-use trail easement (MUTE) shall be dedicated along the 
east side of the wash along the west side of the property, and a minimum 10-
foot-wide multi-use trail (MUT) shall be constructed within the easement in 
accordance with the MAG supplemental detail and as approved or modified by 
the Planning and Development Department. 
 
 
4. 
All perimeter fences adjacent to the wash along the west side of the property 
shall contain view fencing atop a maximum 2-foot block wall base, as approved 
by the Planning and Development Department. 
 
 
5. 
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. 
 
 
6. 
Guest bicycle parking shall be provided at a minimum rate of 0.05 spaces per 
unit, up to a maximum of 50 spaces, located within an amenity area or near a 
primary site entrance, and installed through Inverted U and/or artistic racks 
located near the community center and/or clubhouse and open space areas 
and installed per the requirements of Section 1307.H. of the Phoenix Zoning 
Ordinance. Artistic racks shall adhere to the City of Phoenix Preferred Designs 
in Appendix K of the Comprehensive Bicycle Master Plan. 
 
 
7. 
A minimum of 10% of the required bicycle parking spaces shall include

standard electrical receptacles for electric bicycle charging capabilities, as 
approved by the Planning and Development Department. 
 
 
8. 
All bicycle parking spaces shall be shaded by a structure, landscaping at 
maturity, or a combination of the two to provide minimum 75% shade, 
calculated at summer solstice at noon as shown on a shading study, as 
approved by the Planning and Development Department. 
 
 
9. 
A minimum of 10% of surface parking lot areas shall be landscaped. The 
surface parking lot areas shall be landscaped with minimum 2-inch caliper 
large canopy drought-tolerant shade trees, as approved by the Planning and 
Development Department.  
 
 
10. 
Landscape areas and retention areas shall be planted with minimum 2-inch 
caliper large canopy drought-tolerant shade trees planted 20 feet on center or 
in equivalent groupings, as approved by the Planning and Development 
Department. 
 
 
11. 
A minimum of 10% of the required shrubs, shall be a milkweed or other native 
nectar species, and shall be planted in groups of three or more, as approved 
by the Planning and Development Department. 
 
 
12. 
A minimum of 10% of the required parking spaces shall include Electric Vehicle 
(EV) Capable Infrastructure, as approved by the Planning and Development 
Department.  
 
 
13. 
A minimum of two green infrastructure (GI) techniques for stormwater 
management shall be implemented per the Greater Phoenix Metro Green 
Infrastructure and Low Impact Development Details for Alternative Stormwater 
Management, as approved or modified by the Planning and Development 
Department. 
 
 
14. 
Improvements to Sonoran Desert Drive shall be constructed per the Sonoran 
Foothills Master Street Plan, as approved by the Street Transportation 
Department.   
 
 
15. 
Clearly defined accessible pedestrian pathway(s) shall be provided connecting 
the residences throughout the site to Sonoran Desert Drive and the adjacent 
wash/trail system.  Where adjacent to the wash, a trail shall be provided and 
designed to allow for its continuation onto the adjacent properties, as approved 
by the Planning and Development Department. 
 
 
16. 
An enhanced pedestrian connection shall be provided on the western site 
boundary, adjacent to the wash, to allow for direct pedestrian access to the 
adjacent wash and trail system.

17. 
A Traffic Impact Analysis (TIA) shall be submitted to the City for this 
development. The Traffic Impact Analysis (TIA) shall be expanded to address 
the proposed developments impact and funding responsibility on the Sonoran 
Desert Drive Corridor.  No preliminary approval of plans shall be granted until 
the study is reviewed and approved by the Street Transportation Department. 
 
 
18. 
All streets within and adjacent to the development shall be constructed 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. 
 
 
19. 
This parcel is in a Special Flood Hazard Area (SFHA) called Zone AE, on panel 
0865 L of the Flood Insurance Rate Maps (FIRM) dated October 16, 2013. The 
following requirements shall apply, as approved by the Planning and 
Development Department: 
 
 
 
a. 
The Architect/Engineer is required to show the floodplain boundary limits 
on the Grading and Drainage plan and ensure that impacts to the 
proposed facilities have been considered, following the National Flood 
Insurance Program (NFIP) Regulations (44 CFR Paragraph 60.3). This 
includes, but not limited to provisions in the latest versions of the 
Floodplain Ordinance of the Phoenix City Code. 
 
 
 
 
b. 
A copy of the Grading and Drainage Plan shall be submitted to the 
Floodplain Management section of Office of the City Engineer for review 
and approval of Floodplain requirements. 
 
 
 
 
c. 
The developer shall provide a FEMA approved CLOMR-F or CLOMR 
prior to issuance of a Grading and Drainage permit. 
 
 
 
 
d. 
A Letter of Map Revision based on Fill (LOMR-F) or Letter of Map 
Revision (LOMR) shall be submitted to Floodplain Management for 
review and to ensure the submittal is complete for FEMA review prior to 
issuance of building permits for vertical construction.  
 
 
20. 
Prior to final site plan approval, the property owner shall record documents that 
disclose to purchasers or tenants of the property within the development the 
existence and operational characteristics of the mining operation south of the 
development, that it is an active mine, has the potential to be active seven days 
a week, 24 hours a day, and is anticipated to continue until the rock resources 
are exhausted, which could be for 20 or more years. The form and content of 
such documents shall be reviewed and approved by the City prior to 
recordation. 
 
 
21. 
Prior to final site plan approval, the property owner shall record documents that

disclose to purchasers or tenants of the property the existence and operational 
characteristics of the North Gateway Solid Waste and Recycling Transfer 
Facility. The form and content of such documents shall be reviewed and 
approved by the City prior to recordation. 
 
 
22. 
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. 
 
 
23. 
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 6th day of December, 
2023.  
 
 
 
 
________________________________ 
 
 
 
       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 
 
THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE 
NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 2 EAST, 
OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, 
ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 
 
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 24, 
FROM WHICH POINT THE NORTHEAST CORNER OF SAID SECTION 24 
BEARS SOUTH 89°45’20” EAST (BASIS OF BEARINGS), A DISTANCE OF 
2631.43 FEET; 
 
THENCE SOUTH 00°20’33” EAST, ALONG THE WEST LINE OF THE NORTHEAST 
QUARTER OF SAID SECTION 24, A DISTANCE OF 663.60 FEET TO THE 
NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST 
QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 24, SAID POINT 
BEING THE POINT OF BEGINNING; 
 
THENCE SOUTH 89°48’13” EAST, ALONG THE NORTH LINE OF THE 
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST 
QUARTER OF SAID SECTION 24, A DISTANCE OF 657.11 FEET TO THE 
NORTHEAST CORNER THEREOF; 
 
THENCE SOUTH 00°16’44” EAST, ALONG THE EAST LINE OF THE 
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE 
NORTHEAST QUARTER OF SAID SECTION 24, A DISTANCE OF 538.28 
FEET; 
 
THENCE SOUTH 50°07’41” WEST, A DISTANCE OF 194.01 FEET TO THE 
SOUTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER 
OF THE NORTHEAST QUARTER OF SAID SECTION 24; 
 
THENCE NORTH 89°51’06” WEST, ALONG SAID SOUTH LINE, A 
DISTANCE OF 506.87 FEET TO THE SOUTHWEST CORNER OF THE 
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE 
NORTHEAST QUARTER OF SAID SECTION 24; 
 
THENCE NORTH 00°20’33” WEST, ALONG THE WEST LINE OF THE 
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST 
QUARTER OF SAID SECTION 24, A DISTANCE OF 663.59 FEET TO THE POINT 
OF BEGINNING. 
 
CONTAINING 426,287 SQ.FT. OR 9.7862 ACRES, MORE OR LESS.