Attachment A - Draft Ordinance - Z-2-23-1.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 (Z-2-23-1) FROM C-1 (APPROVED C-1) (PENDING C-2 
SP) (NEIGHBORHOOD RETAIL, APPROVED NEIGHBORHOOD 
RETAIL) (PENDING INTERMEDIATE COMMERCIAL, SPECIAL 
PERMIT) AND R1-6 (APPROVED P-1) (PENDING C-2 SP) 
(SINGLE-FAMILY RESIDENCE DISTRICT, APPROVED 
PASSENGER AUTOMOBILE PARKING, LIMITED) (PENDING 
INTERMEDIATE COMMERCIAL SPECIAL PERMIT) TO C-2  
HGT/WVR SP (INTERMEDIATE COMMERCIAL, HEIGHT 
WAIVER, SPECIAL PERMIT). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 3.75-acre property located approximately 80 
feet west of the southwest corner of 49th Drive and Cactus Road in a portion of Section 
21, Township 3 North, Range 2 East, as described more specifically in Exhibit “A,” is 
hereby changed from 3.29 acres of “C-1 (Approved C-1) (Pending C-2 SP)” 
(Neighborhood Retail, Approved Neighborhood Retail) (Pending Intermediate 
Commercial, Special Permit) and 0.46-acres of “R1-6 (Approved P-1) (Pending C-2 
SP)” (Single-Family Residence District, Approved Passenger Automobile Parking,

Limited) (Pending Intermediate Commercial, Special Permit) to “C-2 HGT/WVR SP” 
(Intermediate Commercial, Height Waiver, Special Permit) to allow self-service storage 
warehouse with 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 maximum building height shall be 36 feet. 
 
 
2.  
The development shall be in general conformance with the conceptual building 
elevations and conceptual site plans date stamped January 13, 2023, as 
modified by the following stipulations and approved by the Planning and 
Development Department.   
 
 
3.  
A minimum 5-foot-wide sidewalk shall be provided that is detached from the 
back of curb by a minimum 10-foot-wide landscape area along the south side of 
Cactus Road and planted to the following standards, as approved by the 
Planning and Development Department. 
 
 
 
a. 
Minimum 2-inch caliper single-trunk large canopy drought-tolerant shade 
trees shall be provided between the back of curb and sidewalk to provide 
a minimum 75 percent shade. 
 
 
 
 
b. 
The area between the back of curb and sidewalk shall be planted with 
drought tolerant shrubs and vegetative groundcovers with a maximum 
mature height of 24 inches to provide a minimum of 75 percent live 
coverage at maturity, 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.

4. 
A minimum 10-foot-wide sidewalk easement shall be dedicated along the south 
side of Cactus Road, as approved by the Planning and Development 
Department. 
 
 
5. 
A minimum 5-foot-wide sidewalk shall be provided that is detached from the 
back of curb by a minimum 5-foot-wide landscape area along the west side of 
49th Drive and planted to the following standards, as approved by the Planning 
and Development Department. 
 
 
 
 
a. 
Minimum 2-inch caliper single-trunk large canopy drought-tolerant shade 
trees shall be provided between the back of curb and sidewalk to provide 
a minimum 75 percent shade. 
 
 
 
 
b. 
The area between the back of curb and sidewalk shall be planted with 
drought tolerant shrubs and vegetative groundcovers with a maximum 
mature height of 24 inches to provide a minimum of 75 percent live 
coverage at maturity, 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. 
 
 
 
6. 
The landscape setback along the south property line shall be planted with a 
minimum 50 percent 2-inch caliper drought tolerant shade trees and 50 percent 
3-inch caliper drought tolerant shade trees, as approved by the Planning and 
Development Department. 
 
 
7. 
The required landscape setback along 49th Drive shall be planted with a 
double-row of drought tolerant, 2-inch caliper shade trees placed 20 feet on 
center or in equivalent groupings, as approved by the Planning and 
Development Department. 
 
 
8. 
A 1-foot Vehicular Non-Access Easement (VNAE) shall be dedicated along the 
east property line where adjacent to public right-of-way. 
 
 
9. 
A minimum of four bicycle parking spaces shall be provided, near the entrance 
to the rental office or indoors, and installed per the requirements of Section 
1307.H of the Phoenix Zoning Ordinance, as approved by the Planning and 
Development Department. 
 
 
10. 
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.

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 14th day of June, 
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 (2 Pages) 
B – Ordinance Location Map (1 Page)

EXHIBIT A 
 
That portion of the Northwest quarter of Section 21, Township 3 North, Range 2 East of 
the Gila and Salt River Base and Meridian, Maricopa County, Arizona, as shown on 
RECORD OF SURVEY, recorded in Book 423 of Maps, Page 48, Official Records of 
Maricopa County, Arizona, said portion lying Northeast of the Arizona Canal, described 
as follows: 
 
Commencing at found brass cap in hand hole at the Northwest corner of said Section 
21, from which bears a found 3" City of Phoenix brass cap in hand hole at the North 
quarter corner of said Section 21, South 89°55’05” East, a distance of 2637.07 feet; 
 
Thence along the North line of said Northwest quarter South 89°55’05” East, a distance 
of 1007.51 to the TRUE POINT OF BEGINNING; 
 
Thence along the West and South lines of the City of Phoenix Lift Station #50 as 
described in the Quit Claim deed recorded in Docket 9589, Page 332, Official Records 
of Maricopa County, for the following two courses; 
 
Thence along said West line, South 00°05'27" West, a distance of 114.92 feet; 
 
Thence along said South line, South 89°49'12" East, a distance of 73.28 feet to the 
monument line of 49th Drive and the beginning of a non-tangent curve to the right 
having a radius of 940.00 feet; 
 
Thence Southwesterly along the arc of said curve, through a central angle of 06°58'26", 
a chord bearing of South 07°22'32" West, a chord distance of 114.34 feet, and an arc 
distance of 114.41 feet; 
 
Thence South 10°55'24" West, a distance of 78.06 feet;  
Thence North 89°47'43" West, a distance of 219.23 feet;  
Thence South 46°08'11" West, a distance of 105.44 feet; 
Thence North 38°24'21" West, a distance of 51.66 feet to the beginning of a non-
tangent curve to the left having a radius of 736.73 feet; 
 
Thence Northwesterly along the arc of said curve through a central angle of 28°51'01" a 
chord bearing of North 52°58'24" West, a chord distance of 367.06 feet, and an arc 
distance of 370.97 feet; 
 
Thence North 01°51'49" West, a distance of 116.84 feet to a point on the monument of 
Cactus Road, said monument being the North line of said Northwest quarter of Section 
21; 
 
Thence along said South 89°55'05" East, a distance of 580.55 feet to the TRUE POINT 
OF BEGINNING.

Containing 163,495 square feet, or 3.753 acres of land, more or less. 
 
APN #148-02-003K