Attachment A - Draft Ordinance - Z-67-22-3.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-67-22-3) FROM C-2 (INTERMEDIATE 
COMMERCIAL) TO C-2 HGT/WVR DNS/WVR (INTERMEDIATE 
COMMERCIAL, HEIGHT WAIVER, DENSITY WAIVER). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 3.73-acre property located approximately 
230 feet south of the southwest corner of 17th Avenue and Bell Road in a portion of 
Section 6, Township 3 North, Range 3 East, as described more specifically in Exhibit 
“A,” is hereby changed from “C-2” (Intermediate Commercial) to “C-2 HGT/WVR 
DNS/WVR” (Intermediate Commercial, Height Waiver, Density 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 density for the project shall not exceed 40.2 dwelling units per 
gross acre, as approved by the Planning and Development Department. 
 
 
2. 
A minimum of 10% of the gross project area shall be retained as improved 
open space with amenities, as approved by the Planning and Development 
Department. 
 
 
3. 
A minimum 10% of new surface parking lot area, as depicted on the site plan 
date stamped April 4, 2023, exclusive of perimeter landscape setbacks, shall 
be landscaped and planted with minimum 2-inch caliper, large canopy, 
drought-tolerant shade trees, dispersed throughout the parking area, as 
approved by the Planning and Development Department. 
 
 
4. 
The existing parking lot landscape planters and existing landscape areas 
throughout the site shall be replenished with minimum 2-inch caliper large 
canopy drought-tolerant shade trees and minimum 75% vegetative live 
coverage at maturity, as generally depicted on the landscape plan date 
stamped April 4, 2023, as approved by the 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. 
Project entry/exit drives shall incorporate decorative pavers, stamped or 
colored concrete, or a similar alternative material, as approved by the Planning 
and Development Department. 
 
 
7. 
A minimum 5-foot-wide detached sidewalk shall be provided along the west 
side of the existing driveway (17th Avenue alignment) to connect to the 
sidewalk to the north, as depicted on the site plan date stamped April 4, 2023, 
as approved by the Planning and Development Department. 
 
 
8. 
Bicycle infrastructure shall be installed as described below and as approved by 
the Planning and Development Department. 
 
 
 
a. 
Secured bicycle parking shall be provided at a rate of 0.25 spaces per 
dwelling unit, including Community Residence Center units, up to a 
maximum of 50 spaces, as approved by the Planning and Development 
Department.

b. 
Guest bicycle parking shall be provided at a minimum of 0.05 spaces per 
dwelling unit, including Community Residence Center units, up to a 
maximum of 50 required spaces near entrances of buildings and 
installed per the requirements of Section 1307.H of the Phoenix Zoning 
Ordinance. 
 
 
 
 
c. 
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. 
 
 
  
 
d. 
A minimum of 10% of the required bicycle parking spaces shall include 
120-volt receptacles for electric bicycle charging capabilities. 
 
 
9. 
A minimum of 10% of the required parking spaces shall include Electric Vehicle 
(EV) Installed infrastructure, as approved by the Planning and Development 
Department.  
 
 
10. 
The property owner shall record documents that disclose the existence, and 
operational characteristics of the City of Phoenix Deer Valley Airport (DVT) to 
future owners or tenants of the property. The form and content of such 
documents shall be according to the templates and instructions provided which 
have been reviewed and approved by the City Attorney. 
 
 
11. 
A Good Neighbor Agreement shall be completed by the property owner in 
collaboration with the Bell Road Business Alliance and other neighborhood 
organizations. The completed agreement shall be signed and dated by the 
affected parties and submitted to the Planning and Development Department 
prior to final site plan approval. 
 
 
12. 
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. 
 
 
13. 
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 (1 Page) 
B – Ordinance Location Map (1 Page)

EXHIBIT A 
 
Within a portion of Section 6, Township 3 North, Range 3 East of the Gila and Salt River 
Base and Meridian, Maricopa County, Arizona, being more particularly described as 
follows: 
 
Parcel No. 1: 
 
COMFORT INN NORTH, a subdivision recorded in Book 511 of Maps page 2, records 
of Maricopa County, Arizona 
 
Parcel No. 2: 
 
A non-exclusive easement for roadway purposes, as created by Docket 15909, page 
1137, records of Maricopa County, Arizona, being 25 feet in width, the Easterly line 
thereof being parallel with and 25 feet Easterly of the following described line: 
Commencing at the Northwest corner of Section 6, Township 3 North, Range 3 East of 
the GIla and Salt River Base and Meridian, Maricopa County , Arizona, from which the 
North quarter o said Section 6 bears East, 2512.32 feet: 
Thence East along the North line of said Section 6, 1201.00 feet; 
Thence South 00 degrees 13 minutes 00 seconds West, 55.00 feet to the Point of 
Beginning; 
Thence South 00 degrees 23 minutes 00 seconds West, 570.26 feet to the point of the 
ending of this easement.