Attachment A - Draft Ordinance Z-63-21-3.pdf

City of Phoenix — Formal (2022-09-07)

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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-63-21-3) FROM R-O (RESIDENTIAL OFFICE 
DISTRICT) TO C-2 (INTERMEDIATE COMMERCIAL DISTRICT). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 1.37-acre propoerty located approximately 220 
feet west of the northwest corner of 19th Avenue and Greenway Road in a portion of 
Section 1, Township 3 North, Range 2 East, as described more specifically in Exhibit “A,” is 
hereby changed from “R-O” (Residential Office District) to “C-2” (Intermediate Commercial 
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. 
Residential density shall be limited to a maximum of 4 dwelling units per acre. 
 
 
2. 
A minimum 35-foot-wide landscape setback shall be provided along Greenway 
Road, 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. 
 
 
3. 
The required landscape setbacks shall be planted with minimum 75% 2-inch 
caliper and 25% 3-inch caliper size trees and with five 5-gallon shrubs per tree, 
as approved by Planning and Development Department.  
 
 
4. 
All uncovered employee and customer surface parking lot areas shall be 
landscaped with minimum 2-inch caliper drought-tolerant shade trees and five 
5-gallon shrubs per tree. Landscaping shall be dispersed throughout the 
parking areas and achieve 20 percent shade at maturity, as approved by 
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. 
The sidewalk along Greenway Road shall be a minimum of 8 feet in width and 
detached with a minimum 11-foot-wide landscape strip located between the 
sidewalk and the back of curb, planted to the following standards, as approved 
or modified by the Planning and Development Department. 
 
 
 
a. 
Minimum 2-inch caliper drought-tolerant shade trees that provide 
sidewalk shade to a minimum of 75% at maturity. 
 
 
 
 
Where utility conflicts exist, the developer shall work with the Planning and 
Development Department on alternative design solutions consistent with a 
pedestrian environment. 
 
 
7. 
A minimum of 2 bicycle parking spaces shall be provided through Inverted U, 
artistic racks, and/or within a secure bicycle storge area. Racks shall be located 
near a primary building entrance 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 or the Comprehensive Bicycle 
Master Plan, as approved by the Planning and Development Department. 
 
 
8. 
The developer shall construct a modified P1243-1 driveway along Greenway 
Road to restrict access to right-in, right-out and left-in only, as approved by the 
Planning and Development and Street Transportation Department. 
 
 
9. 
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. 
 
 
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 7th day of September, 
2022.  
 
 
 
 
________________________________ 
 
 
 
       MAYOR  
 
 
ATTEST:  
 
 
_________________________  
Denise Archibald, City Clerk 
 
 
APPROVED AS TO FORM: 
Cris Meyer, 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-63-21-3 
 
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 3 NORTH, 
RANGE 2 EAST OF THE GIL4 AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, 
ARIZONA MORE PARTICULARLY DESCRIBED AS FOLLOWS: 
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 1, BEING A CITY OF 
PHOENIX BRASS CAP IN HANDHOLE FROM WHICH THE SOUTH QUARTER CORNER 
BEAR SOUTH 87 DEGREES 36 MINUTES 19 SECONDS WEST FOR A DISTANCE OF 
2501.18 FEET (BASIS OF BEARING); 
THENCE SOUTH 87 DEGREES 36 MINUTES 19 SECONDS WEST ALONG THE SOUTH 
LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 1, A DISTANCE OF 223.98 
FEET TO THE POINT OF BEGINNING; 
THENCE CONTINUING SOUTH 87 DEGREES 36 MINUTES 19 SECONDS WEST ALONG 
SAID SOUTH LINE, A DISTANCE OF 195.40 FEET; 
THENCE LEAVING SAID SOUTH LINE NORTH 01 DEGREES 10 MINUTES 40 SECONDS 
WEST, A DISTANCE OF 55 FEET TO THE SOUTHWEST CORNER OF LOT 4 SIERRA 
PRIETA ESTATES RECORDED IN BOOK 112 OF MAPS, PAGE 24, MARICOPA COUNTY 
RECORDS; 
THENCE CONTINUING NORTH 01 DEGREES 10 MINUTES 43 SECONDS WEST, A 
DISTANCE OF 88 FEET; 
THENCE NORTH 24 DEGREES 35 MINUTES 59 SECONDS EAST, A DISTANCE OF 
230.89 FEET TO THE CENTERLINE OF AN EXISTING ALLEY BEING 16 FEET WIDE; 
THENCE NORTH 87 DEGREES 36 MINUTES 19 SECONDS EAST ALONG SAID 
CENTERLINE OF AN EXISTING ALLEY, A DISTANCE OF 109.40 FEET; 
THENCE SOUTH 01 DEGREES 10 MINUTES 40 SECONDS EAST ALONG THE 
CENTERLINE OF AN EXISTING ALLEY BEING 20 FEET WIDE AND THE EXTENSION 
THEREOF, A DISTANCE OF 344.75 FEET BACK TO THE POINT OF BEGINNING.