Attachment A - Draft Ordinance - Z-22-22-8.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-22-22-8) FROM C-1 (NEIGHBORHOOD 
RETAIL) TO C-2 (INTERMEDIATE COMMERCIAL). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 4.90-acre site located approximately 220 feet 
north of the northeast corner of 59th Avenue and Elliot Road in a portion of Section 8, 
Township 1 South, Range 2 East, as described more specifically in Exhibit “A,” is 
hereby changed from “C-1” (Neighborhood Retail) to “C-2” (Intermediate Commercial). 
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 June 30, 2022, as modified by the following stipulations and approved 
by the Planning and Development Department. 
 
 
2. 
All elevations of the buildings shall contain architectural embellishments and 
detailing such as textural changes, pilasters, offsets, recesses, variation in 
window size and location, and/or overhang canopies, as approved by the 
Planning and Development Department. 
 
 
3. 
Building elevations shall be developed with a common architectural theme. 
 
 
4. 
The conceptual site plan, elevations, and landscape plan for future 
development of the commercial pad shall be reviewed and approved by the 
Planning Hearing Officer through the public hearing process, including review 
by the Laveen Village Planning Committee, for stipulation modification prior to 
preliminary site plan approval with specific regard to the inclusion of the below 
elements. This is a legislative review for conceptual purposes only. Specific 
development standards and requirements will be determined by the Planning 
Hearing Officer and the Planning and Development Department.  
 
 
 
a. 
Pedestrian connections, shade, and architectural style shall be 
consistent with the Laveen Southwest Growth Study.  
 
 
5. 
A 25-foot minimum landscape setback shall be provided along 59th Avenue, as 
approved by the Planning and Development Department. 
 
 
6. 
A minimum 10-foot landscape setback shall be provided along the north and 
east sides of the site and shall be planted with minimum 3-inch caliper trees 
placed 20 feet on center or in equivalent groupings, as approved by the 
Planning and Development Department. 
 
 
7. 
All uncovered surface parking lot areas for employees and customers shall be 
landscaped with minimum 2-inch caliper size large canopy drought tolerant 
shade trees. Landscaping shall be dispersed throughout the parking area and 
achieve minimum 25% shade at maturity, as approved by the Planning and 
Development Department. 
 
 
8. 
A minimum of 10 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. 
 
 
9. 
A pedestrian connection shall be provided between the site and the adjacent 
multifamily development to the east, as approved by the Planning and 
Development Department.

10. 
A shared-use path shall be provided along the east side of 59th Avenue in 
accordance with the city of Phoenix standard trail detail, as approved by the 
Parks and Recreation and Planning and Development Departments. 
 
 
11. 
The developer shall construct a minimum 5-foot-wide detached sidewalk along 
59th Avenue with a minimum 8-foot-wide landscaped strip located between the 
sidewalk and back of curb and planted to the following standards, as approved 
by the Planning and Development Department: 
 
 
 
a. 
Minimum 3-inch caliper shade trees placed a minimum of 20 feet on 
center or in equivalent groupings, to provide a minimum of 50% shade at 
maturity. 
 
 
 
 
b. 
Drought tolerant shrubs and vegetative groundcovers with a maximum 
mature height of 24 inches to provide a minimum of 75% live coverage 
at maturity. 
 
 
 
 
c. 
Where utility conflicts arise, the developer shall work with the Planning 
and Development Department on an alternative design solution 
consistent with a pedestrian environment. 
 
 
 
12. 
The developer shall dedicate a minimum of 55-feet for the east half of 59th 
Avenue, as approved by the Planning and Development Department. 
 
 
13. 
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.   
 
 
14. 
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. 
 
 
15. 
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-22-22-8 
 
 
THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 8, 
TOWNSHIP 1 SOUTH, RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND 
MERIDIAN, MARICIPA COUNTY, ARIZONA 
 
EXCEPT THE SOUTH 253 FEET AND THE WEST 33 FEET THEREOF.