Attachment A - Draft Ordinance - Z-51-21-1.pdf

City of Phoenix — Formal (2021-12-01)

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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 ORDINANCE BY CHANGING THE ZONING DISTRICT 
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN  
(Z-51-21-1) FROM C-O (COMMERCIAL OFFICE – RESTRICTED 
COMMERCIAL DISTRICT) TO C-2 (INTERMEDIATE 
COMMERCIAL DISTRICT). 
____________ 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 3.45-acre site located at the southeast 
corner of 33rd Avenue and Peoria Avenue, in a portion of Section 26, Township 3 North, 
and Range 2 East, as described more specifically in Exhibit “A”, is hereby changed from 
“C-O” (Commercial Office – Restricted Commercial District) to “C-2” (Intermediate 
Commercial 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. 
All elevations of the building shall contain architectural embellishments and 
detailing such as textural changes, pilasters, offsets, recesses, variation in 
window size and location, and/or other overhang canopies, as approved by the 
Planning and Development Department. 
 
 
2. 
The public sidewalk along Peoria Avenue shall be a minimum width of 5 feet, 
shall be detached with a minimum 10-foot-wide landscape area located 
between the sidewalk and back of curb and planted to the following standards. 
Where utility conflicts exist, the developer shall work with the Planning and 
Development Department on alternative design solutions consistent with the 
creation of a comfortable pedestrian environment. 
 
 
 
a.  
Minimum 3-inch caliper, large canopy, single-trunk, shade trees shall be 
placed 25 feet on center or in equivalent groupings. 
 
 
 
 
b.  
At tree maturity, the trees shall shade the sidewalks to a minimum 75 
percent. 
 
 
 
 
c.  
Drought tolerant shrubs and vegetative groundcovers maintained to a 
maximum height of 24 inches to provide a minimum of 75 percent live 
coverage at maturity. 
 
 
 
3. 
One bicycle parking space shall be provided per 25 vehicle parking spaces, 
near building entrances, shaded to 50 percent, and installed per the 
requirements of Section 1307(H) of the Phoenix Zoning Ordinance, as 
approved by the Planning and Development Department. 
 
 
4. 
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. 
 
 
5. 
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. 
 
 
6. 
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 1st day of December, 
2021. 
 
 
 
 
________________________________ 
 
 
 
       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-51-21-1 
 
The Land referred to herein below is situated in the County of Maricopa, State of 
Arizona, and is described as follows: 
 
Tract "C" METRO PLAZA, according to the plat of record in the office of the County 
Recorder of Maricopa County, Arizona, recorded in Book 194 of Maps, page 12 and 
located in the Northwest quarter of Section 26, Township 3 North, Range 2 East of the 
Gila and Salt River Base and Meridian, Maricopa County, Arizona. 
 
EXCEPT BEGINNING at the Westerly most Southwest corner of said Tract "C"; 
THENCE North 00 degrees 00 minutes 53 seconds West (recorded North) along the 
Westerly line of said Tract "C", a distance of 158.20 feet to a point which intersects an 
existing masonry wall; 
 
THENCE North 89 degrees 26 minutes 31 seconds East, along the centerline of said 
masonry wall, a distance of 445.73 feet to a point on the Easterly line of said Tract "C"; 
THENCE South 01 degrees 41 minutes 09 seconds East (recorded South 01 degrees 
37 minutes 12 seconds East) along the Easterly line of said Tract "C", a distance of 
158.22 feet to a point on the arc of a circle, the center of which bears South 89 degrees 
55 minutes 37 seconds West, a distance of 20.00 feet; 
 
THENCE Southwesterly along the arc of said circle through a central angle of 89 
degrees 31 minutes 58 seconds (recorded 89 degrees 30 minutes 00 seconds), a 
distance of 31.25 feet (recorded 31.24 feet) to the South line of said Tract "C"; 
 
THENCE South 89 degrees 28 minutes 01 seconds West, along said South line a 
distance of 410.35 feet (recorded 410.11 feet) to a point on the arc of a circle, the center 
of which bears 00 degrees 31 minutes 59 seconds, a distance of 20.00 feet; 
 
THENCE Northwesterly along the arc of said circle through a central angle of 90 
degrees 31 minutes 59 seconds (recorded 90 degrees 30 minutes 00 seconds), a 
distance of 31.60 feet (recorded 31.59 feet) to a point on the Westerly line of said Tract 
"C" said point also being the POINT OF BEGINNING.