Attachment A - Draft Ordinance - Z-21-22-2.pdf

City of Phoenix — Formal (2023-06-14)

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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 PARCELS DESCRIBED 
HEREIN (CASE Z-21-22-2) FROM PCD NBCOD (PLANNED 
COMMUNITY DISTRICT, NORTH BLACK CANYON OVERLAY 
DISTRICT), APPROVED C-2 OR CP M-R PCD NBCOD 
(APPROVED INTERMEDIATE COMMERCIAL OR COMMERCE 
PARK DISTRICT, MID-RISE DISTRICT, PLANNED COMMUNITY 
DISTRICT, NORTH BLACK CANYON OVERLAY DISTRICT) TO 
PUD NBCOD (PLANNED UNIT DEVELOPMENT, NORTH BLACK 
CANYON OVERLAY DISTRICT). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of an 7.53-acre site located approximately 170 
feet west of the southwest corner of North Valley Parkway and Dove Valley Road in a 
portion of Section 14, Township 5 North, Range 2 East, as described more specifically 
in Exhibit “A,” is hereby changed from “PCD NBCOD (Approved C-2 or CP M-R PCD 
NBCOD)” (Planned Community District, North Black Canyon Overlay District) (Approved 
Intermediate Commercial or Commerce Park District, Mid-Rise District, Planned

Community District, North Black Canyon Overlay District) to “PUD NBCOD” (Planned 
Unit Development, North Black Canyon Overlay 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. 
An updated Development Narrative for the Alta Dove Valley PUD reflecting the 
changes approved through this request shall be submitted to the Planning and 
Development Department within 30 days of City Council approval of this request. 
The updated Development Narrative shall be consistent with the Development 
Narrative date stamped March 28, 2023, as modified by the following stipulations: 
 
a. 
Front cover: Revise the submittal date information on the bottom to add the 
following: City Council adopted: [Add adoption date]. 
 
 
b.  
Page 9, Development Standards, 1st paragraph: Change paragraph to 
read “Except where modified below, this PUD shall comply with the 
North Black Canyon Overlay District (Section 654), the R-5 Multifamily 
Residence District, Table B, (a) Subdivision Development Option 
outlined in Section 618, the parking standards outlined in Section 702, 
and the landscaping and open space standards outlined in Section 507 
Tab A and Section 703 of the Phoenix Zoning Ordinance. Any 
commercial uses provided shall be located on the ground floor of the 
multifamily residential building and shall comply with the same 
development standards as the multifamily residential building.” 
 
 
c. 
Page 9, Development Standards, Common Open Space/Amenity Areas: 
Start the header on the next page. 
 
 
d. 
Page 10, Development Standards, Parking Standards, Parking Spaces 
(bicycles), 2nd paragraph: Replace the paragraph as follows: 
 
A bicycle repair station (“fix it station”) shall be provided and maintained 
on site within an amenity area or near a primary site entrance. The

bicycle repair station (“fix it station”) shall be provided in an area of high 
visibility and separated from vehicular maneuvering areas, where 
applicable. The repair station shall include, but not be limited to: 
 
 
 
i. 
Standard repair tools affixed to the station 
 
 
 
 
ii. 
A tire gauge and pump affixed to the base of the station or the 
ground 
 
 
 
 
iii. 
A bicycle repair stand which allows pedals and wheels to spin 
freely while making adjustments to the bike 
 
 
e. 
Page 14, Development Standards, Sidewalk and Pedestrian Pathway 
Standards, Pedestrian Connection Pathway to Commercial Center to the 
West of this Site: Align second column with columns above and change 
“sidewalk” to “Pathway”. 
 
 
f. 
Pages 14-15, Design Guidelines, Exterior Materials: Add “The exterior 
perimeter building elevations shall be finished with an average maximum of 
60% stucco material”. 
 
 
g. 
Page 15, Design Guidelines, Exterior Materials, 3rd paragraph (Exposed 
areas of the parking garage walls...): Replace the third paragraph as 
follows:  
 
Exposed areas of the parking garage walls shall be decoratively screened 
with metal trellises, architectural metal panels and extrusions, translucent 
glazing, decorative lighting, and/or other architectural screening materials 
that will add texture, depth, shadow lines, create visual interest for 
pedestrians, and enhance the public right-of-way. 
 
 
h. 
Page 15, Design Guidelines, Exterior Materials, 4th paragraph (Where 
pedestrian walkways cross…): Add a new header for this paragraph named 
“Pedestrian Crossing Pavement Material”. 
 
 
i. 
Page 17, Pedestrian Circulation and Connectivity, 2nd paragraph (An east-
west minimum 5-foot-wide concrete…): Add at the end of the last sentence 
“, located near the center of the west property line.” 
 
 
j. 
Pages 38-44, Development Standards Comparison Table: Update the R-5 
(Subdivision) column to include information for each standard on what the 
minimum Phoenix Zoning Ordinance requirements would be to compare to 
what the PUD is providing. 
 
2. 
A 30-foot-wide multi-use trail easement (MUTE) shall be dedicated along the 
north property line, adjacent to Dove Valley Road, and a minimum 10-foot-wide

multi-use trail (MUT) shall be constructed within the easement in accordance with 
the MAG supplemental detail and as approved by the Planning and Development 
Department. 
 
3. 
The developer shall dedicate a minimum of 70-feet of right-of way and construct 
the south side of Dove Valley Road, including detached sidewalks, as required by 
the approved Canyon Crossroads Master Street Plan. 
 
4. 
The developer shall dedicate a minimum of 30-feet of right-of-way and a minimum 
10-foot-wide sidewalk easement and construct the north side of the new collector 
street (Commitment Way) along the property’s southern boundary, as approved 
by the Planning and Development Department. 
 
5. 
The developer shall construct minimum 5-foot-wide detached sidewalk and 
minimum 8-foot-wide landscape area located between the back of curb and 
sidewalk for the north side of the new collector street (Commitment Way), as 
approved by the Planning and Development Department. 
 
6. 
The developer shall provide $115,000 in escrow to fund a traffic control device 
along Dove Valley Road to serve the property, prior to final site plan approval and 
as approved by the Street Transportation Department. 
 
7. 
The developer shall extend the existing median island west to the west full access 
location at the western edge of this development. Landscaping shall be provided 
in the 24-foot-wide median island with minimum 3-inch caliper, large canopy, 
drought-tolerant shade trees planted 20 feet on center or in equivalent groupings 
and shrubs, accents and vegetative ground covers to achieve a minimum of 75% 
live coverage at maturity, as approved by the Planning and Development 
Department and Street Transportation Department. 
 
8. 
The applicant shall submit a Traffic Impact Study to the City for this 
development. The developer shall be responsible for cost and construction of all 
mitigation identified through the analysis. No preliminary approval of plans shall 
be granted until the study is reviewed and approved by the 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. 
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 Archeologist, and allow time for the 
Archeology Office to properly assess the materials.

11. 
The developer shall limit parallel parking along the west side of the development 
to a maximum of two hours to eliminate overnight parking. 
 
12. 
Landscaping shall not include jumping cacti or thorns adjacent to the multi-use 
trail along Dove Valley Road. 
 
13. 
Landscaping in median along Dove Valley Road shall match existing landscaping 
in the surrounding right-of-way areas and be cohesive, such as, but not limited to, 
using the same rock and planting species. 
 
14. 
The updated site plan and building elevations shall be presented for review and 
comment to the North Gateway Village Planning Committee prior to final site plan 
approval.  
 
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 (1 Page) 
B – Ordinance Location Map (1 Page)

EXHIBIT A 
 
A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER (NE 1/4) OF 
SECTION 14, TOWNSHIP 5 NORTH, RANGE 2 EAST, OF THE GILA AND SALT 
RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY 
DESCRIBED AS FOLLOWS: 
 
COMMENCING AT A CITY OF PHOENIX BRASS CAP IN A HAND HOLE MARKING 
THE NORTHEAST CORNER OF SAID SECTION 14 FROM WHICH A REBAR (NO 
IDENTIFICATION) MARKING THE NORTH QUARTER CORNER OF SAID SECTION 
14 BEARS SOUTH 89 DEGREES 26 MINUTES 10 SECONDS WEST  
2639.64 FEET; 
 
THENCE SOUTH 89 DEGREES 26 MINUTES 10 SECONDS WEST, ALONG THE 
NORTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 164.99 FEET; 
 
THENCE DEPARTING SAID NORTH LINE, SOUTH 0 DEGREES 21 MINUTES 33 
SECONDS EAST, A DISTANCE OF 72.25 FEET TO THE POINT OF BEGINNING; 
 
THENCE CONTINUING SOUTH 0 DEGREES 21 MINUTES 33 SECONDS EAST, A 
DISTANCE OF 590.05 FEET; 
 
THENCE SOUTH 89 DEGREES 27 MINUTES 53 SECONDS WEST, A DISTANCE OF 
494.92 FEET; 
 
THENCE NORTH 0 DEGREES 21 MINUTES 38 SECONDS WEST, A DISTANCE OF 
592.05 FEET; 
 
THENCE NORTH 89 DEGREES 26 MINUTES 10 SECONDS EAST, A DISTANCE OF 
477.94 FEET; 
 
THENCE SOUTH 83 DEGREES 01 MINUTES 18 SECONDS EAST, A DISTANCE OF 
17.14 FEET TO THE POINT OF BEGINNING. 
 
THE ABOVE DESCRIBED PARCEL CONTAINS 293064 SQUARE FEET OR 6.7278 
ACRES OF LAND, MORE OR LESS, INCLUDING ANY ENCUMBRANCES.