Attachment A - Draft Ordinance - Z-36-23-4.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 ZONING ORDINANCE BY CHANGING THE ZONING 
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED 
HEREIN (CASE Z-36-23-4) FROM C-2 (PENDING C-2 SP) 
(INTERMEDIATE COMMERCIAL, PENDING INTERMEDIATE 
COMMERCIAL, SPECIAL PERMIT) TO C-2 SP HGT/WVR 
(INTERMEDIATE COMMERCIAL, SPECIAL PERMIT, HEIGHT 
WAIVER). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 2.12-acre property located approximately 
225 feet south and 465 feet west of the southwest corner of 43rd Avenue and McDowell 
Road in a portion of Section 4, Township 1 North, Range 2 East, as described more 
specifically in Exhibit “A,” is hereby changed from “C-2 (Pending C-2 SP)” (Intermediate 
Commercial, Pending Intermediate Commercial, Special Permit) to “C-2 SP HGT/WVR” 
(Intermediate Commercial, Special Permit, Height Waiver) to allow self-service storage 
warehouse with underlying C-2 commercial uses and a height 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 June 1, 2023, as modified by the following stipulations 
and approved by the Planning and Development Department. 
 
 
2. 
The maximum building height shall be 45 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 pedestrian pathways shall be shaded by a structure, landscaping at 
maturity, or a combination of the two to provide minimum 75% shade, as 
approved by the Planning and Development Department. 
 
 
5. 
Site lighting shall be provided at building entrances/exits, and in public 
assembly and parking areas, as approved by the Planning and Development 
Department. 
 
 
6. 
A minimum of 4 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. Artistic racks shall 
adhere to the City of Phoenix Preferred Designs in Appendix K of the 
Comprehensive Bicycle Master Plan. 
 
 
7. 
A minimum of one of the required bicycle parking spaces shall include access 
to a standard electrical receptacle for electric bicycle charging capabilities. 
 
 
8. 
Bicycle parking spaces shall be shaded by a structure, landscaping at maturity, 
or a combination of the two to provide minimum 75% shade, as approved by 
the Planning and Development Department.

9. 
A minimum of 5% of the required parking spaces shall be EV Ready. 
 
 
10. 
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. 
 
 
11. 
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. 
 
 
12. 
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 1st day of November, 
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 FOR Z-36-23-4 
 
Within a portion of Section 4, Township 1 North, Range 2 East of the Gila and Salt River 
Base and Meridian, Maricopa County, Arizona, being more particularly described as 
follows: 
 
"LOT 1 PER THE FINAL PLAT OF "RUSTY SPUR RANCH", MCR BOOK 628, PAGE 
18" AND   "LOT 3 PER THE FINAL PLAT OF "RUSTY SPUR RANCH", MCR BOOK 
628, PAGE 18"