Attachment A - Draft Ordinance - Z-18-23-8.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-18-23-8) FROM C-2 (INTERMEDIATE 
COMMERICIAL), R1-6 (SINGLE-FAMILY RESIDENCE DISTRICT) 
AND P-1 (PASSENGER AUTOMOBILE PARKING, LIMITED) TO 
PUD (PLANNED UNIT DEVELOPMENT). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 6.90-acre site located at the southeast 
corner of 34th Street and Thomas Road in a portion of Section 36, Township 2 North, 
Range 3 East, as described more specifically in Exhibit “A,” is hereby changed from 
4.60 acres of “C-2” (Intermediate Commercial), 1.70 acres of “R1-6” (Single-Family 
Residence District), and 0.60-acres of “P-1” (Passenger Automobile Parking, Limited) to 
“PUD” (Planned Unit Development).   
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. 
An updated Development Narrative for the Thomas + 34th PUD reflecting the 
changes approved through this request shall be submitted to the Planning and 
Development Department within 30 days of City Council approval of this 
request. The updated Development Narrative shall be consistent with the 
Development Narrative date stamped August 25, 2023, as modified by the 
following stipulations: 
 
 
 
a. 
Front cover: Revise the date information on the cover page to the 
following:  
 
City Council Adopted: [Add Adoption Date] 
 
 
 
 
b. 
Page 12, and all related exhibits, Development Standards, Minimum 
Landscape Standards, c. Landscape Zone 3 (South): Update to include 
a minimum 5-foot-wide landscape setback immediately adjacent to the 
property line with allowances to permit fire lane turning radii to 
encroach within the setback area at corners where applicable.  
 
 
2.  
A minimum 10 feet of right-of-way and/or sidewalk easement shall be 
dedicated, totaling 50 feet for the southern half street of Thomas Road, 
adjacent to the development, as approved by the Street Transportation 
Department.  
 
 
3.  
A traffic signal shall be installed at Thomas Road and 34th Place. The 
developer shall fund 100 percent of the cost and install the traffic signal at the 
intersection as a four-legged intersection with the development’s driveway. 
Signalized driveway access on Thomas Road shall be designed to a typical 
public street intersection for roadway design and ADA compliance, as 
approved by the Street Transportation Department. 
 
 
4. 
subject to SRP approval, existing irrigation facilities along Thomas Road are to 
be relocated outside of City right-of-way. Contact SRP to identify existing land 
rights and establish the appropriate process to relocate the facility. Relocations 
that require additional dedications or land transfer require completion prior to 
obtaining plat and/or civil plan review approval. 
 
 
5. 
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. 
 
 
6. 
The property owner shall record documents that disclose the existence, and 
operational characteristics of Phoenix Sky Harbor Airport to future owners or 
tenants of the property. The form and content of such documents shall be 
according to the templates and instructions provided which have been 
reviewed and approved by the City Attorney. 
 
 
7. 
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. 
 
 
8. 
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. 
 
 
9. 
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. 
 
 
10. 
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 (4 Pages) 
B – Ordinance Location Map (1 Page)

EXHIBIT A 
 
LEGAL DESCRIPTION FOR Z-18-23-8 
 
PARCEL NO. 1: 
 
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER 
OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 2 NORTH, RANGE 3 
EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, 
ARIZONA, PREVIOUSLY DESCRIBED IN JOINT TENANCY DEED RECORDED 
DOCUMENT NO. 2004-653085, MARICOPA COUNTY RECORDS, TOGETHER WITH 
LOT 3, MCCOMBS HOMES, ACCORDING TO THE PLAT RECORDED IN BOOK 46 
OF MAPS, PAGE 27, MARICOPA COUNTY RECORDS, MORE PARTICULARLY 
DESCRIBED AS FOLLOWS: 
 
NOTE: THE RECORD BEARINGS AND DISTANCES IN THE FOLLOWING 
DESCRIPTION, DENOTED BY (RECORD), REFER TO THE BEARINGS AND 
DISTANCES CONTAINED IN THE JOINT TENANCY DEED RECORDED IN 
DOCUMENT NO. 2004-653085, MARICOPA COUNTY RECORDS;  
 
COMMENCING AT A CITY OF PHOENIX BRASS CAP AT THE NORTHEAST 
CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF 
THE NORTHWEST QUARTER OF SAID SECTION 36;  
 
THENCE NORTH 89 DEGREES 39 MINUTES 32 SECONDS WEST (ASSUMED 
BASIS OF BEARINGS), ALONG THE NORTH LINE OF THE SAID NORTHWEST 
QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF 
SECTION 36, A DISTANCE OF 497.60 FEET TO THE NORTHEAST CORNER OF 
THE WEST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE 
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36; 
 
THENCE SOUTH 00 DEGREES 06 MINUTES 43 SECONDS WEST ALONG THE 
EAST LINE OF THE WEST HALF OF THE WEST HALF OF THE NORTHWEST 
QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF 
SAID SECTION 36, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING; 
 
THENCE SOUTH 89 DEGREES 39 MINUTES 32 SECONDS EAST, ALONG THE 
SOUTH LINE OF THE NORTH 40 FEET OF THE NORTHWEST QUARTER OF THE 
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, A 
DISTANCE OF 460.65 FEET (MEASURED), 460.72 FEET (RECORD) TO THE 
BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A 
RADIUS OF 12.00 FEET (MEASURED), 12.05 FEET (RECORD); 
 
THENCE SOUTHEASTERLY 18.80 FEET (MEASURED), 18.88 FEET (RECORD), 
ALONG THE ARC OF SAID CURVE AND ALONG THE WESTERLY LINE OF THAT 
CERTAIN PARCEL CONVEYED TO THE CITY OF PHOENIX FOR STREET

PURPOSES BY DOCKET 7805, PAGE 784, MARICOPA COUNTY RECORDS, 
THROUGH A CENTRAL ANGLE OF 89 DEGREES 46 MINUTES 03 SECONDS 
(MEASURED), 89 DEGREES 45 MINUTES 23 SECONDS (RECORD) TO A POINT OF 
TANGENCY; 
 
THENCE SOUTH 00 DEGREES 06 MINUTES 31 SECONDS WEST (MEASURED 
AND RECORD), ALONG THE WEST LINE OF THE EAST 5 FEET OF LOTS 1, 2 AND 
3 OF SAID MCCOMBS HOMES, A DISTANCE OF 282.02 FEET (MEASURED), 281.85 
FEET (RECORD) TO THE INTERSECTION WITH THE SOUTH LINE OF THE NORTH 
10 FEET OF SAID LOT 3, MCCOMBS HOMES; 
 
THENCE SOUTH 89 DEGREES 39 MINUTES 30 SECONDS EAST ALONG SAID 
SOUTH LINE A DISTANCE OF 5.00 FEET TO THE EAST LINE OF SAID LOT 3;  
 
THENCE SOUTH 00 DEGREES 06 MINUTES 31 SECONDS WEST ALONG SAID 
EAST LINE 67.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 3; 
 
THENCE NORTH 89 DEGREES 39 MINUTES 30 SECONDS WEST 137.87 FEET TO 
THE SOUTHWEST CORNER OF SAID LOT 3; 
THENCE NORTH 00 DEGREES 06 MINUTES 35 SECONDS EAST, ALONG THE 
WEST LINE OF SAID LOT 3, A DISTANCE OF 67.00 FEET TO THE INTERSECTION 
WITH THE SOUTH LINE OF THE NORTH 10 FEET OF SAID LOT 3 AND THE 
SOUTHEAST CORNER OF THAT 8 FOOT WIDE ALLEY ABANDONED BY DOCKET 
7635, PAGE 43, MARICOPA COUNTY RECORDS; 
 
THENCE NORTH 89 DEGREES 39 MINUTES 30 SECONDS WEST, ALONG THE 
WESTERLY PROLONGATION OF THE SOUTH LINE OF THE NORTH 10 FEET OF 
SAID LOT 3, A DISTANCE OF 8.00 FEET TO THE WEST LINE OF THE EAST HALF 
OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST 
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36 AND TO A 
CORNER OF SAID PARCEL DESCRIBED IN JOINT TENANCY DEED RECORDED IN 
DOCUMENT NO. 2004-653085, MARICOPA COUNTY RECORDS; 
 
THENCE SOUTH 00 DEGREES 06 MINUTES 35 SECONDS WEST 187.00 FEET 
(MEASURED), SOUTH 00 DEGREES 05 MINUTES 37 SECONDS WEST 187.01 
FEET (RECORD), ALONG SAID WEST LINE TO THE INTERSECTION WITH THE 
SOUTH LINE OF THE NORTH 80 FEET OF THE SOUTH 230 FEET OF THE 
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST 
QUARTER OF SAID SECTION 36; 
 
THENCE NORTH 89 DEGREES 39 MINUTES 30 SECONDS WEST 331.75 FEET 
(MEASURED), NORTH 89 DEGREES 41 MINUTES 12 SECONDS WEST 331.75 
FEET (RECORD) ALONG SAID SOUTH LINE TO THE INTERSECTION WITH THE 
EAST LINE OF THE WEST HALF OF THE WEST HALF OF THE NORTHWEST 
QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF 
SAID SECTION 36;

THENCE NORTH 00 DEGREES 06 MINUTES 43 SECONDS EAST 80.00 FEET 
(MEASURED), NORTH 00 DEGREES 05 MINUTES 15 SECONDS EAST 80.00 FEET 
(RECORD), ALONG SAID WEST LINE, TO THE INTERSECTION WITH THE NORTH 
LINE OF THE SOUTH 230 FEET OF THE NORTHWEST QUARTER OF THE 
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36; 
 
THENCE SOUTH 89 DEGREES 39 MINUTES 30 SECONDS EAST 6.00 FEET 
(MEASURED), SOUTH 89 DEGREES 41 MINUTES 12 SECONDS EAST 8.01 FEET 
(RECORD), ALONG SAID NORTH LINE, TO THE EAST LINE OF THE WEST 8 FEET 
OF THE EAST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER OF 
THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 
36, AND TO THE SOUTHEAST CORNER OF THAT CERTAIN 6 FOOT WIDE ALLEY 
CONVEYED TO THE CITY OF PHOENIX BY DOCKET 3739, PAGE 148, MARICOPA 
COUNTY RECORDS; 
 
THENCE NORTH 00 DEGREES 06 MINUTES 43 SECONDS EAST 217.00 FEET 
(MEASURED), NORTH 00 DEGREES 05 MINUTES 06 SECONDS EAST 217.11 FEET 
(RECORD), ALONG SAID EAST LINE, TO THE INTERSECTION WITH THE NORTH 
LINE OF THE SOUTH 447 FEET OF THE NORTHWEST QUARTER OF THE 
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36; 
 
THENCE NORTH 89 DEGREES 39 MINUTES 30 SECONDS WEST 8.00 FEET 
(MEASURED), NORTH 89 DEGREES 31 MINUTES 54 SECONDS 8.02 FEET 
(RECORD), ALONG SAID NORTH LINE, TO THE INTERSECTION WITH THE EAST 
LINE OF THE WEST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER 
OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID 
SECTION 36; 
 
THENCE CONTINUING ALONG SAID NORTH LINE NORTH 89 DEGREES 39 
MINUTES 30 SECONDS WEST 164.09 FEET (MEASURED), NORTH 89 DEGREES 
39 MINUTES 03 SECONDS WEST 164.05 FEET (RECORD) TO THE BEGINNING OF 
A NON-TANGENT CURVE, THE CENTER OF SAID CURVE BEARING NORTH 81 
DEGREES 32 MINUTES 50 SECONDS EAST A DISTANCE OF 159.90 FEET; 
 
THENCE NORTHERLY 23.91 FEET (MEASURED), 20.48 FEET (RECORD) ALONG 
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08 DEGREES 33 
MINUTES 57 SECONDS (MEASURED), 07 DEGREES 20 MINUTES 17 SECONDS 
(RECORD) TO A POINT OF TANGENCY; 
 
THENCE NORTH 00 DEGREES 06 MINUTES 47 SECONDS EAST 153.15 FEET 
(MEASURED), 156.50 FEET (RECORD) ALONG THE WEST LINE OF THE 
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST 
QUARTER OF SAID SECTION 36 TO THE INTERSECTION WITH THE SOUTH LINE 
OF THE NORTH 47 FEET OF SAID NORTHWEST QUARTER OF THE NORTHEAST 
QUARTER OF THE NORTHWEST QUARTER OF SECTION 36;

THENCE NORTH 45 DEGREES 13 MINUTES 37 SECONDS EAST 9.88 FEET 
(MEASURED AND RECORD) TO THE SOUTH LINE OF THE NORTH 40 FEET OF 
SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE 
NORTHWEST QUARTER OF SECTION 36; 
 
THENCE SOUTH 89 DEGREES 39 MINUTES 32 SECONDS EAST 158.87 FEET 
(MEASURED), 158.76 FEET (RECORD), ALONG SAID SOUTH LINE TO THE 
INTERSECTION WITH THE EAST LINE OF THE WEST HALF OF THE WEST HALF 
OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE 
NORTHWEST QUARTER OF SAID SECTION 36 AND THE POINT OF BEGINNING. 
 
PARCEL NO. 2: 
 
LOT 1, KAYE HOMES, ACCORDING TO THE PLAT OF RECORD IN THE OFFICE OF 
THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA RECORDED IN 
BOOK 62 OF MAPS, PAGE 18.