Attachment A - Draft Ordinance - PHO-1-21_Z-59-18-8.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 STIPULATIONS APPLICABLE TO 
REZONING APPLICATION Z-59-18-8 PREVIOUSLY APPROVED BY 
ORDINANCE G-6546. 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning stipulations applicable located approximately 
615 feet north of the northwest corner of 25th Street and Baseline Road in a portion of 
Section 35, Township 1 North, Range 3 East, as described more specifically in 
Attachment “A”, are hereby modified to read as set forth below.  
STIPULATIONS: 
1. 
The development shall be in general conformance with the conceptual site plan 
and elevation date stamped MAY 26, 2021 August 21, 2018, as may be 
modified by the following stipulations for compliance with the canal bank design 
guidelines in Section 507 Tab A of the Zoning Ordinance, and approved by the 
Planning and Development Department., and with specific regard to the 
following: 
 
 
 
a. Pedestrian pathway to provide open public access to amenities on the 
adjacent property to the east to be constructed of decorative pavers, 
stamped or colored concrete, or another material, other than those used to 
pave the parking surfaces and drive aisles. 
 
 
 
 
b. Vehicular cross access to adjacent properties to the east and south, as 
approved by the Planning and Development Department.

2. 
Landscaping along the north property line shall be in conformance with the 
Baseline Area Master Plan Plant List with specific regard to maximizing shade 
and thermal comfort for pedestrians and active users along the canal, as 
approved by the Planning and Development Department. 
 
 
3. 
If the subject site develops as a stand-alone parcel and does not provide an 
alternative street frontage to that existing along 25th Street, then the developer 
shall be responsible for the dedication and construction of an offset cul-de-sac 
bulb at the northern portion of 25th Street, south of the Western Canal, as 
approved by the Planning and Development and Street Transportation 
Department. 
 
 
3. 
4. 
Any solid portion of a perimeter wall adjacent to the Western Canal shall not 
exceed a maximum height of three feet, as approved by the Planning and 
Development Department. 
 
 
4. 
5. 
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. 
 
 
5. 
6. 
The property owner shall record documents that disclose the existence and 
operational characteristics of Sky Harbor International Airport (PHX) 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. 
 
 
6. 
7. 
Prior to preliminary site plan approval, the landowner shall execute a Proposition 
207 waiver of claims in a form approved by the City Attorney's Office. 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 2. Due to the site’s specific physical conditions and the use 
district granted pursuant to Ordinance G-6546, this portion of the rezoning is now 
subject to the stipulations approved pursuant to Ordinance G-6546 and as modified in 
Section 1 of this Ordinance. Any violation of the stipulation is a violation of the City of 
Phoenix Zoning Ordinance. Building permits shall not be issued for the subject site until 
all the stipulations have been met. 
SECTION 3. 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 September, 
2021. 
 
 
 
 
________________________________ 
MAYOR  
 
 
 
ATTEST:  
 
 
_________________________  
Denise Archibald, City Clerk 
 
 
APPROVED AS TO FORM: 
Cris Meyer, City Attorney 
 
 
By: 
_________________________  
_________________________ 
 
 
REVIEWED BY:  
 
 
_________________________  
Ed Zuercher City Manager 
 
 
 
Exhibits: 
A - Legal Description (1 Page) 
B - Ordinance Location Map (1 Page)

EXHIBIT A 
 
LEGAL DESCRIPTION FOR PHO-1-21--Z-59-18-8 
 
The North 100 feet of the following described property:  
 
That portion of the Southwest quarter of Section 35, Township 1 North, Range 3 East 
of the Gila and Salt River Base and Meridian, lying South of the Western Canal, 
described as follows:  
 
Beginning at a point of the South line of Section 35, Township 1 North, Range 3 East, 
from which bears North 88 degrees, 30 Minutes, 30 Seconds East 736. 7 4 feet from 
the Southwest corner thereof; 
 
thence North 00 Degrees, 04 Minutes, West 787 .30 feet to the South line of the 
Western Canal right of way; 
 
Thence South 89 Degrees, 07 Minutes, East 278.74 feet along said Western Canal 
right of way 
 
Thence South 00 Degrees, 04 Minutes, East, 775.75 feet to the South line of said 
Section 35; 
 
Thence South 88 Degrees, 30 Minutes, 30,·seconds West 278.79 feet along said 
Section.