Attachment A - Draft Ordinance - Z-31-22-7.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-31-22-7) FROM S-1 (RANCH OR FARM 
RESIDENCE) TO C-2 (INTERMEDIATE COMMERCIAL). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of an 85.90-acre property located at the 
northeast corner of 67th Avenue and the Roeser Road alignment in a portion of Section 
30, Township 1 North, Range 2 East, as described more specifically in Exhibit “A,” is 
hereby changed from “S-1” (Ranch or Farm Residence), 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. 
Conceptual site plan and building elevations shall be reviewed and approved by 
the Planning Hearing Officer through the public hearing process 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. 
Maximize the visibility of the sidewalk and multi-use trail along 67th 
Avenue, and pathways along Rio Salado by locating and orienting 
buildings towards/near these areas. 
 
 
 
 
b. 
Minimize the visibility of vehicular parking areas along 67th Avenue and 
Rio Salado. 
 
 
 
 
c. 
Provide access point(s) to the planned multi-use trail along 67th Avenue. 
 
 
 
 
d. 
Where the site has frontage along the Rio Salado, public pedestrian 
access through the site via a public access easement shall be provided 
to connect the sidewalk along 67th Avenue to the shared use pathway 
(SUP) along the Rio Salado, as modified and approved by the Planning 
and Development Department. 
 
 
 
 
e. 
 
Building elevations shall incorporate multiple architectural elements, 
including but not limited to balconies, patios, and windows, to promote 
visibility and activation along the 67th Avenue and Rio Salado frontages. 
 
 
2. 
Landscaping along 67th Avenue shall conform with the Estrella Village Arterial 
Street Landscaping Program landscape palette and landscaping standards, as 
approved by the Planning and Development Department. 
 
 
3. 
A minimum of one milkweed shrub, or other native nectar species, shall be 
planted for every required tree in addition to the required shrubs, and shall be 
planted in groups of three or more, as approved by the Planning and 
Development Department. 
 
 
4. 
A minimum of 10 percent of the gross site area shall be retained as open space 
and be centrally located and/or dispersed within close proximity to Rio Salado, 
as approved by the Planning and Development Department. 
 
 
5. 
A minimum of three amenities, including but not limited to benches, bicycle 
repair station, ramadas, shall be provided on the site, as approved by the 
Planning and Development Department.

6. 
All uncovered surface parking lot areas shall be landscaped with minimum 2-
inch caliper drought-tolerant shade trees. Landscaping shall be dispersed 
throughout the parking area and achieve 25 percent shade at maturity, as 
approved by Planning and Development Department. 
 
 
7. 
Bicycle parking spaces shall be provided through Inverted U and/or artistic 
racks 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. 
 
 
8. 
The developer shall dedicate a 30-foot wide multi-use trail easement (MUTE) 
along the east side of 67th Avenue and construct a minimum 10-foot wide 
multi-use trail (MUT) within the easement in accordance with the MAG 
supplemental detail and as approved by the Planning and Development 
Department. Where conflicts or restrictions exist, the developer shall work with 
the Site Planning section on an alternate design through the technical appeal 
process. 
 
 
9. 
The sidewalk along 67th Avenue shall be a minimum of 5 feet in width and 
detached with a minimum 11-foot wide landscape 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 2-inch caliper drought-tolerant shade trees planted to provide a 
minimum of 75 percent shade at maturity. 
 
 
 
 
b. 
Drought tolerant vegetation to achieve 75 percent live coverage at 
maturity. 
 
 
 
 
c. 
The landscape palette and planting standards, unless otherwise 
provided herein, shall conform with the Estrella Village Arterial Street 
Landscaping Program requirements for arterial streets. 
 
 
 
Where utility conflicts exist, the developer shall work with the Planning and 
Development Department on alternative design solutions consistent with a 
pedestrian environment. 
 
 
10. 
The developer shall dedicate minimum 50 feet of right-of-way and construct the 
east side of 67th Avenue, as approved by the Planning and Development 
Department. Any right-of-way within Maricopa County Department of 
Transportation (MCDOT) jurisdiction shall require approval and permitting 
through MCDOT. 
 
 
11. 
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. 
 
 
12. 
This parcel is in a Special Flood Hazard Area (SFHA) called Zone AE, on panel 
2190 M of the Flood Insurance Rate Maps (FIRM) dated September 21, 2020. 
The following requirements shall apply, as approved by the Planning and 
Development Department: 
 
 
 
a. 
The Architect/Engineer is required to show the floodplain boundary limits 
on the Grading and Drainage plan and ensure that impacts to the 
proposed facilities have been considered, following the National Flood 
Insurance Program (NFIP) Regulations (44 CFR Paragraph 60.3). This 
includes, but not limited to provisions in the latest versions of the 
Floodplain Ordinance of the Phoenix City Code. 
 
 
 
 
b. 
A copy of the Grading and Drainage Plan shall be submitted to the 
Floodplain Management section of Public Works Department for review 
and approval of Floodplain requirements. 
 
 
 
 
c. 
The developer shall provide a FEMA approved CLOMR-F or CLOMR 
prior to issuance of a Grading and Drainage permit. 
 
 
13. 
Prior to final site plan approval, the property owner shall record documents that 
disclose to purchasers of property within the development the preferred 
alignment and operational characteristics of the State Route 30 (SR-30 
freeway). The form and content of such documents shall be reviewed by the 
City prior to recordation. 
 
 
14. 
If determined necessary by the Phoenix Archeology 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 Archeologist prior to 
clearing and grubbing, landscape salvage, and/or grading approval. 
 
 
15. 
If Phase I data testing is required, and if, upon review of the results from Phase 
I data testing, the City Archeologist, in consultation with a qualified 
archeologist, determines such data recovery excavations are necessary, the 
applicant shall conduct Phase II archeological data recovery excavations. 
 
 
16. 
In the event archeological 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 Archeologist, and allow time for the 
Archeology Office to properly assess the materials. 
 
 
17. 
Prior to preliminary site plan approval, the landowner shall execute a 
Proposition 207 Waiver of Claims forms. 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-31-22-7 
 
 
That portion of the South half of the Northwest quarter (S½ NW ¼) of Section 30, 
Township 1 North, Range 2 East, Gila and Salt River Meridian, Maricopa County, 
Arizona.