Attachment A - Draft Ordinance - Z-42-21-8.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 ORDINANCE BY CHANGING THE ZONING DISTRICT 
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN 
(CASE Z-42-21-8) FROM S-1 (RANCH OR FARM RESIDENCE 
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 2.05-acre site located at the southwest 
corner of 59th Avenue and South Mountain Avenue in a portion of Section 5, Township 
1 South, Range 2 East, as described more specifically in Exhibit “A”, is hereby changed 
from “S-1” (Ranch or Farm Residence 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. 
The development of the area is subject to the submittal of required master plans 
and compliance with the following stipulations: 
Each developer shall submit Master Development Plans for review and approval 
by appropriate city departments prior to preliminary site plan submittal of such 
developer's development unit. The plans to be submitted are as follows: 
(a) 
General Development Plan that shall include: 
(1) 
Boundaries and approximate acreage of the developer's 
development unit. 
(2) 
Proposed zoning and land use of the developer's development unit. 
(3) 
The approximate location of arterial and collector streets which are 
adjacent to or a part of the developer's development unit. 
(4) 
The approximate location, if provided, of any applicable public uses 
proposed, such as schools, parks, trails, drainage ways, or other 
recreational facilities. Also shown shall be proposed private open 
space reservations or trails adjacent to and/or within the developer’s 
development unit. 
(5) 
Development Phasing Schedule for the developer’s development 
unit that includes the anticipated initiation of development for each 
phase and the anticipated completion of development. 
(6) 
Project data for the developer’s development unit for specific types 
of uses to include: a schedule of intensity of uses for each phase 
indicating the proposed land uses, the maximum number of dwelling 
units, the approximate gross leasable area, the proposed height and 
floor area ration (FAR) limits, and the projected school enrollment. 
(b) 
Master Infrastructure Plans: Each developer shall submit for review by the 
Water Services Director, master infrastructure plans for potable water, 
wastewater, and reclaimed water facilities (if applicable) for the developer’s 
development unit. Such plans shall meet the terms and conditions set forth 
in the Water Services Department’s master water, wastewater, and 
reclaimed water master plans for the area.

(c) 
Master Street Circulation Plan: Each developer shall dedicate all 
necessary rights-of-way and required easements for the developer’s 
development unit (for streets, utilities, trails systems, and other open space 
where required). Each applicable developer shall dedicate a multi-use trail 
easement along the South Mountain Avenue alignment as approved by the 
Parks and Recreation Department to provide connectivity through the site 
to adjacent open space and trail connections. Other multi-use trail 
easements shall be dedicated by the applicable developer in the vicinity of 
the Olney Avenue alignment, and to generally criss-cross through the core 
area to connect with planned or existing trails in the Laveen Trails Plan. 
(d) 
Master Grading and Drainage Plan: Each developer shall submit a Master 
Grading and Drainage Plan for the developer’s development units to be 
approved by the City Engineer. The drainage plan shall include (but not be 
limited to) the following: 
(1) 
Proposed man-made drainage channels. 
(2) 
Any proposed flood control facilities, such as storm water detention 
damns. 
(3) 
Discuss any drainage concerns with the project and proposed 
methods of addressing these concerns, to include planning by the 
Flood Control District. 
(e) 
Master Pedestrian / Bike / Trails Circulation Plan: Each developer shall 
submit a Master Pedestrian / Bike / Trails Circulation Plan for the 
developer’s development unit to the Planning and Development 
Department for review by the Parks and Recreation, Planning and 
Development, and Street Transportation Departments and is to address 
the following: 
(1) 
Show all pedestrian walkways, equestrian trails, water features and 
watercourses, and bikeways within and/or abutting the site. 
(2) 
Coordinate the locations of trails to provide a trail network 
throughout the development. 
(3) 
Anticipated traffic impacts will be considered in reducing conflicts 
between vehicle and pedestrian/biking/etc. Alternative consideration 
for equestrian traffic may be considered. 
(f) 
The Master Landscape and Conservation Plan: Each developer shall 
submit a Master Landscape and Conservation Plan for the developer’s 
development unit to the Planning and Development Department for review 
by the Parks and Recreation, Planning and Development, and Street 
Transportation Departments and is to address the following:

(1) 
List of plants not allowed in the development due to their 
incompatibility. 
(2) 
Define areas to be reserved as open space. 
(g) 
The Master Site and Architectural/Urban Design Plan: Each developer 
shall submit a Master Site and Architectural/Urban Design Plan for the 
developer’s development unit to the Planning and Development 
Department for review by the Parks and Recreation, Planning and 
Development, and Street Transportation Departments and is to develop a 
character framework for linkage systems of streets, trails, and other 
corridor through both residential and commercial parcels with landscape, 
signage and construction materials. 
 
(h) 
The Master Open Space Plan: Each developer shall submit a Master Open 
Space Plan for the developer’s development unit to the Planning and 
Development Department for review by the Parks and Recreation, 
Planning and Development, and Street Transportation Departments and 
shall address the relationship of the development to all open space. 
 
2. 
There shall be a maximum of one vehicular access driveway on 59th Avenue 
within the boundaries of the rezoning request. 
3. 
The required landscape setback along 59th Avenue shall include large canopy 
shade trees 20 feet on center or in equivalent groupings, as approved by the 
Planning and Development Department. Twenty-five percent of the trees shall be 
minimum four-inch caliper and 75 percent of the trees shall be minimum three-
inch caliper. Five, five-gallon shrubs per tree, and additional shrubs or live 
groundcover, shall provide minimum 75 percent live cover at maturity, as 
approved by the Planning and Development Department. 
4. 
Perimeter walls along public streets shall include material and textural 
differences, such as stucco and/or split face block with a decorative element, 
such as tile or stamped designs, as approved by the Planning and Development 
Department. 
5. 
Bicycle parking shall be provided either as two secure spaces in lockers within 
the surface parking area, or four bicycle parking spaces via inverted U-bicycle 
racks, artistic style bicycle racks or “Outdoor/Covered Facilities” located near the 
vehicular entryway into the development, as approved by the Planning and 
Development Department. All bicycle racks shall adhere to Appendix K of the 
Comprehensive Bicycle Master Plan.

6. 
The developer shall dedicate right-of-way and construct a bus stop pad along 
southbound 59th Avenue south of the roadway that is labeled on the site plan as 
“secondary entry/exit.” The bus stop pad shall be constructed according to City of 
Phoenix Standard Detail P1260 with a minimum depth of 10 feet and shall be 
spaced from the intersection according to City of Phoenix Standard Detail P1258, 
as approved by the Planning and Development Department. 
7. 
Trees shall be placed to provide 50% shade coverage to the bus stop pad at full 
maturity, as approved by the Planning and Development Department. 
8. 
Clearly defined, accessible pedestrian pathways shall be provided to connect 
building entrances, bus stop pad, and public sidewalks, using the most direct 
route for pedestrians, as approved by the Planning and Development 
Department. 
9. 
Where pedestrian pathways cross drive aisles, they shall be constructed of 
decorative pavers, stamped or colored concrete, or other pavement treatments 
that visually contrast with the adjacent parking and drive aisle surfaces, as 
approved by the Planning and Development Department. 
10. 
Trees shall be placed to provide 75% shade coverage on all pedestrian paths 
and sidewalks at full maturity, as approved by the Planning and Development 
Department. Shade structures may be used to meet the shade requirement in 
places where trees are unable to be located. 
11. 
The developer shall dedicate minimum 55 feet of right-of-way and construct the 
west half of 59th Avenue to City of Phoenix CM Cross Section standards with a 
14-foot-wide landscaped median island, as approved by the Planning and 
Development Department.  
12. 
The developer shall provide $48,000 in escrow for a future traffic signal for the 
intersection of 59th Avenue and South Mountain Avenue.  
13. 
The developer shall construct all streets within and adjacent to the development 
with paving, curb, gutter, sidewalk, curb ramps, streetlights, landscaping and 
other incidentals, as per plans approved by the Planning and Development 
Department. All improvements shall comply with the current ADA Guidelines. 
14. 
If determined necessary by the Phoenix Archaeology 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 Archaeologist 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 the 
Phase I data testing, the City Archaeologist, in consultation with a qualified 
archaeologist, determines such data recovery excavations are necessary, the 
applicant shall conduct Phase II archaeological data recovery excavations.

16. 
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. 
17. 
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 J. Barton, City Manager 
 
Exhibits: 
A – Legal Description (1 Page) 
B – Ordinance Location Map (1 Page)

EXHIBIT A 
 
LEGAL DESCRIPTION FOR Z-42-21-8 
 
EMPIRE CARVER MOUNTAIN 
EAST PARCEL DESCRIPTION 
 
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 1 SOUTH, 
RANGE 2 WEST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, 
ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:  
 
BEGINNING AT THE MARICOPA COUNTY ALUMINUM CAP MARKING THE WEST 
QUARTER CORNER OF SAID SECTION 5, FROM WHICH THE CITY OF PHOENIX 
BRASS CAP IN HAND HOLE MARKING THE SOUTHWEST CORNER OF SAID 
SECTION 5 BEARS SOUTH 00°18'32" WEST, A DISTANCE OF 2,640.48 FEET; 
 
THENCE NORTH 89°48'00" EAST, ALONG THE NORTH LINE OF THE SOUTHWEST 
QUARTER OF SAID SECTION 5, A DISTANCE OF 299.36 FEET TO A POINT ON THE 
WESTERLY RIGHT-OF-WAY LINE OF 59TH AVENUE AS DEDICATED IN MAP OF 
DEDICATION P.U.H.S.D. #210 – COMPREHENSIVE HIGH SCHOOL AS RECORDED 
IN BOOK 846 OF MAPS, PAGE 5, RECORDS OF MARICOPA COUNTY, ARIZONA;  
 
THENCE SOUTH 42°53'50" WEST, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, 
A DISTANCE OF 112.42 FEET TO THE BEGINNING OF A TANGENT CURVE OF 
1,055.00 FOOT RADIUS, CONCAVE SOUTHEASTERLY;  
 
THENCE SOUTHWESTERLY, ALONG SAID WESTERLY RIGHT-OF-WAY LINE AND 
ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 24°00'25", A DISTANCE OF 
442.05 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST QUARTER OF 
SAID SECTION 5;  
 
THENCE NORTH 00°18'32" EAST, ALONG SAID WEST LINE, A DISTANCE OF 457.88 
FEET TO THE TRUE POINT OF BEGINNING.  
 
CONTAINING 56,640 SQUARE FEET OR 1.300 ACRES, MORE OR LESS.