Attachment A - Draft Ordinance - PHO-1-23--Z-SP-5-21-7.pdf

City of Phoenix — Formal (2023-12-13)

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Attachment A 
Ordinance – PHO-1-23—Z-SP-5-21-7 
 
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL, 
ADOPTED ORDINANCE 
 
 
 
 
 
ORDINANCE G- 
 
AN ORDINANCE AMENDING THE STIPULATIONS APPLICABLE TO 
REZONING APPLICATION Z-SP-5-21-7 PREVIOUSLY APPROVED BY 
ORDINANCE G-6935. 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning stipulations applicable located approximately 
100 feet west of the northwest corner of 59th Avenue and Lower Buckeye Road in a 
portion of Section 18, Township 1 North, Range 2 East, as described more 
specifically in Attachment “A”, are hereby modified to read as set forth below.  
STIPULATIONS: 
1. 
The self-service storage warehouse portion of the development shall be in 
general conformance with the building elevations date stamped SEPTEMBER 
8, 2023 November 16, 2021, as modified by the following stipulations and 
approved by the Planning and Development Department. Other building 
elevations shall be developed with a common architectural theme to the 
following standards, as approved by the Planning and Development 
Department: 
 
 
 
a. 
Building elevations shall contain multiple colors, exterior accent materials 
and textural changes that exhibit quality and durability to provide a 
decorative and aesthetic treatment. 
 
 
 
 
b. 
All building elevations shall contain architectural embellishments and 
detailing such as textural changes, pilasters, offsets, recesses, variation in 
window size and location, and/or overhang canopies.

c. 
A minimum of two building materials listed in the Estrella Village Core Plan 
shall be utilized in all building elevations. 
 
 
 
2. 
The development shall conform with the Estrella Village Arterial Street 
Landscaping Program landscape palette and landscaping standards along 
arterial streets in the Estrella Village, except as noted herein, as approved by 
the Planning and Development Department. 
 
 
3. 
Project entry drives along Lower Buckeye Road shall incorporate enhanced 
landscaping on both sides planted with a variety of at least three plant 
materials. Each landscaped area shall be a minimum of 125-square feet, as 
approved by the Planning and Development Department. 
 
 
4. 
Project entry drives along Lower Buckeye Road shall be constructed of 
decorative pavers, stamped, or colored concrete, or similar alternative material, 
as approved by the Planning and Development Department. 
 
 
5. 
Where perimeter walls are adjacent to the Loop 202 freeway drainage channel, 
these shall be limited to open view wrought iron fencing or similar material, or a 
combination of 4-feet solid masonry topped by wrought iron open view fencing 
or similar material, unless required otherwise by the Zoning Ordinance, as 
approved by the Planning and Development Department. 
 
 
5. 
6. 
All uncovered surface parking lot areas shall be landscaped with minimum 2-
inch caliper size large canopy drought tolerant shade trees. Landscaping shall 
be dispersed throughout the parking area and achieve 25 percent shade at 
maturity, as approved by Planning and Development Department. 
 
 
6. 
7. 
The following pedestrian shade standards shall be met as described below and 
as approved or modified by the Planning and Development Department: 
 
 
 
a. Pedestrian walkways connecting the commercial buildings to adjacent 
public sidewalks shall be shaded to a minimum of 75 percent using large 
canopy drought tolerant shade trees at maturity and/or architectural shade. 
 
 
 
 
b. The bus stop along Lower Buckeye Road shall be shaded to a minimum of 
50 percent. 
 
 
7. 
8. 
A system of pedestrian thoroughfares shall be provided as described below and 
as approved or modified by the Planning and Development Department: 
 
 
 
a. Connections to/between via the most direct route: 
 
 
 
 
(1) All building entrances. 
 
 
 
 
 
 
(2) Adjacent public sidewalks. 
 
 
 
 
 
 
(3) The bus stop along Lower Buckeye Road.

b. Where pedestrian walkways cross a vehicu!ar path, the pathway shall be 
constructed of decorative pavers, stamped or colored concrete, or other 
pavement treatments that visually contrasts with parking and drive aisle 
surfaces. Vehicular crossings shall be kept to a minimum. 
 
 
8. 
9. 
The development shall incorporate bicycle infrastructure, as described below 
and as approved by the Planning and Development Department. 
 
 
 
a. A minimum of four bicycle parking spaces shall be provided through 
Inverted U and/or artistic racks located near the building entrance of each 
enclosed commercial building and installed per the requirements of Section 
1307.H. of the Phoenix Zoning Ordinance, as approved by the Planning 
and Development Department. Artistic racks shall adhere to the City of 
Phoenix Preferred Designs in Appendix K of the Comprehensive Bicycle 
Master Plan. 
 
 
 
 
b. One bicycle repair station ("fix it station") shall be provided and maintained 
within close proximity to Lower Buckeye Road or the C Store building as 
depicted in the site plan date stamped SEPTEMBER 8, 2023 July 12, 
2021. 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: standard repair tools affixed to 
the station; a tire gauge and pump affixed to the base of the station or the 
ground; and a bicycle repair stand which allows pedals and wheels to spin 
freely while making adjustments to the bike. 
 
 
 
9. 
10. 
The developer shall dedicate a 30-foot wide multi-use trail easement (MUTE) 
along the north side of Lower Buckeye Road and construct a minimum 10-foot 
wide multi-use trail (MUT) within the easement, in accordance with the MAG 
supplemental detail indicated in Section 429 and as approved by the Planning 
and Development Department. Where conflicts or restrictions exist, the 
developer shall work with the Site Planning section on an alternate design 
through the technical appeal process. 
 
 
10 
11. 
The developer shall dedicate right-of-way and construct one bus stop pad along 
westbound Lower Buckeye Road west of 59th Avenue. The bus stop pad shall 
be constructed according to City of Phoenix Standard Detail P1260 with a 
minimum depth of 10 feet. The bus stop pad shall be spaced from the 
intersection according to City of Phoenix Standard Detail P1258. 
 
 
11 
12. 
All sidewalks along Lower Buckeye Road shall be ATTACHED AND A 
MINIMUM OF 5 FEET IN WIDTH detached with a landscape strip located 
between the sidewalk and back of curb following the most recent Cross Section 
of the Street Classification Map and planted to the following standards, as 
approved by the Arizona Department of Transportation (ADOT) and/or the 
Planning and Development Department. 
 
 
 
a. Minimum 2-inch caliper single-trunk large canopy drought-tolerant shade

trees to provide a minimum.7.5 percent shade. 
 
 
 
 
b. Drought tolerant vegetation maintained at a maximum height of 24 inches 
and achieve 75 percent live coverage. 
 
 
 
 
c. 
The landscape palette and planting standards, unless otherwise provided 
herein, shall conform with the Estrella Village Arterial Street Landscaping 
Program requirements for arterial streets. 
 
 
 
 
Where utility conflicts exist, the developer shall work with the Planning and 
Development Department on alternative design solutions consistent with a 
pedestrian environment. 
 
 
12 
13. 
All sidewalks along 59th Avenue shall be a minimum of 5 feet in width and 
detached with a minimum 10-foot wide landscape area located between the 
sidewalk and back of curb and planted to the following standards, as approved 
by the Arizona Department of Transportation (ADOT) and/or the Planning and 
Development Department. 
 
 
 
 
a. Minimum 2-inch caliper single-trunk large canopy drought-tolerant shade 
trees to provide a minimum 75 percent shade. 
 
 
 
 
b. Drought tolerant vegetation maintained at a maximum height of 24 inches 
and achieve 75 percent live coverage. 
 
 
 
 
c. 
The landscape palette and planting standards, unless otherwise provided 
herein, shall conform with the Estrella Village Arterial Street Landscaping 
Program requirements for arterial streets. 
 
 
 
 
Where utility conflicts exist, the developer shall work with the Planning and 
Development Department on alternative design solutions consistent with a 
pedestrian environment. 
 
 
13 
14. 
All proposed driveways along Lower Buckeye Road shall require the approval 
of the Arizona Department of Transportation (ADOT) and the Planning and 
Development Department. 
 
 
14 
15. 
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. 
 
 
15 
16. 
If determined necessary by the Phoenix Archeology 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 Archeologist prior to 
clearing and grubbing, landscape salvage, and/or grading approval. 
 
 
16 
If Phase I data testing is required, and if, upon review of the results from Phase

17. 
I data testing, the City Archeologist, in consultation with a qualified archeologist, 
determines such data recovery excavations are necessary, the applicant shall 
conduct Phase II archeological data recovery excavations. 
 
 
17 
18. 
In the event archeological 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. 
 
 
18 
19. 
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 2. Due to the site’s specific physical conditions and the use 
district granted pursuant to Ordinance G-6935 this portion of the rezoning is now 
subject to the stipulations approved pursuant to Ordinance G-6935 and as modified in 
Section 1 of this Ordinance. Any violation of the stipulation is a violation of the City of 
Phoenix Zoning Ordinance. Building permits shall not be issued for the subject site 
until all the stipulations have been met. 
SECTION 3. 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 13th day of 
December, 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 
 
LEGAL DESCRIPTION FOR PHO-1-23--Z-SP-5-21-7 
 
THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER (E½SE¼) OF SECTION 18, 
TOWNSHIP 1 NORTH, RANGE 2 EAST, GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, 
ARIZONA, LYING BETWEEN THE EXISTING WESTERLY RIGHT OF WAY LINE OF 59TH AVENUE 
AND THE FOLLOWING DESCRIBED LINE:  
LINE DESCRIPTION:  
COMMENCING AT A 2005 3 INCH MARICOPA COUNTY BRASS CAP IN HANDHOLE "LS 31610" 
MARKING THE SOUTHEAST CORNER OF SAID SECTION 18, BEING SOUTH 00°04'18" EAST 
2637.50 FEET FROM A 2 INCH 2005 MARICOPA COUNTY ALUMINUM CAP IN HANDHOLE "LS 
31610" MARKING THE EAST QUARTER CORNER OF SAID SECTION 18;  
THENCE ALONG THE EAST LINE OF SAID SECTION 18, NORTH 00°04'18" WEST 33.81 FEET TO 
THE POINT OF BEGINNING;  
THENCE SOUTH 89°55'42" WEST 33.00 FEET TO THE JUNCTURE OF THE EXISTING NORTHERLY 
RIGHT OF WAY LINE OF LOWER BUCKEYE ROAD WITH THE EXISTING WESTERLY RIGHT OF 
WAY LINE OF 59TH AVENUE;  
THENCE ALONG SAID EXISTING NORTHERLY RIGHT OF WAY LINE OF LOWER BUCKEYE ROAD 
NORTH 88°40'28" WEST 100.03 FEET;  
THENCE CONTINUING ALONG SAID EXISTING NORTHERLY RIGHT OF WAY LINE NORTH 
00°04'18" WEST 33.51 FEET;  
THENCE CONTINUING ALONG SAID EXISTING NORTHERLY RIGHT OF WAY LINE NORTH 
88°40'28" WEST 103.90 FEET;  
THENCE CONTINUING ALONG SAID EXISTING NORTHERLY RIGHT OF WAY LINE NORTH 
76°00'25" WEST 118.56 FEET;  
THENCE CONTINUING ALONG SAID EXISTING NORTHERLY RIGHT OF WAY LINE NORTH 
88°40'28" WEST 169.49 FEET TO THE EXISTING EASTERLY RIGHT OF WAY LINE OF STATE 
ROUTE 202L (SOUTH MOUNTAIN FREEWAY);  
THENCE ALONG SAID EXISTING EASTERLY RIGHT OF WAY LINE OF STATE ROUTE 202L NORTH 
16°00'43" EAST 399.68 FEET;  
THENCE CONTINUING ALONG SAID EXISTING EASTERLY RIGHT OF WAY LINE NORTH 
17°01'23" EAST 500.10 FEET;  
THENCE CONTINUING ALONG SAID EXISTING EASTERLY RIGHT OF WAY LINE NORTH 
17°16'47" EAST 399.69 FEET;

THENCE CONTINUING ALONG SAID EXISTING EASTERLY RIGHT OF WAY LINE NORTH 
17°44'31" EAST 292.19 FEET TO THE EXISTING WESTERLY RIGHT OF WAY LINE OF SAID 59TH 
AVENUE;  
THENCE NORTH 89°55'42" EAST 55.00 FEET TO THE POINT OF ENDING ON SAID EAST LINE 
OF SECTION 18, BEING SOUTH 00°04'18" EAST 1010.54 FEET FROM SAID EAST QUARTER 
CORNER OF SECTION 18.  
EXCEPTING THEREFROM THE SOUTH 83.00 FEET OF THE EAST 83.00 FEET OF THE SOUTHEAST 
QUARTER (SE¼) OF SAID SECTION 18;  
ALSO EXCEPTING THEREFROM THAT PORTION OF THE SOUTHEAST QUARTER (SE¼) OF SAID 
SECTION 18 DESCRIBED AS FOLLOWS:  
COMMENCING AT A 2005 3 INCH MARICOPA COUNTY BRASS CAP IN HANDHOLE STAMPED 
"LS 31610" MARKING THE SOUTHEAST CORNER OF SAID SECTION 18, FROM WHICH A 3 
INCH CITY OF PHOENIX BRASS CAP IN HANDHOLE MARKING THE SOUTH QUARTER CORNER 
OF SAID SECTION 18 BEARS NORTH 88°40'28" WEST 2693.67 FEET;  
THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 18, 
NORTH 88°40'28" WEST 83.02 FEET;  
THENCE NORTH 00°04'18" WEST 33.01 FEET TO THE POINT OF BEGINNING ON THE NORTH 
LINE OF THE SOUTH 33 FEET OF THE SOUTHEAST QUARTER OF SAID SECTION 18;  
THENCE ALONG SAID NORTH LINE OF THE SOUTH 33 FEET NORTH 88°40'28" WEST 50.01 
FEET;  
THENCE NORTH 00°04'18" WEST 150.04 FEET;  
THENCE SOUTH 88°40'28" EAST 100.03 FEET;  
THENCE SOUTH 00°04'18" EAST 100.03 FEET TO THE NORTH LINE OF THE SOUTH 83 FEET OF 
SAID SOUTHEAST QUARTER;  
THENCE ALONG SAID NORTH LINE OF THE SOUTH 83 FEET, NORTH 88°40'28" WEST 50.01 
FEET TO THE WEST LINE OF THE EAST 83 FEET OF SAID SOUTHEAST QUARTER;  
THENCE ALONG SAID WEST LINE, SOUTH 00°04'18" EAST 50.01 FEET TO THE POINT OF 
BEGINNING.  
AND EXCEPT ALL MINERALS, COAL, CARBONS, HYDROCARBONS, OIL, GAS, CHEMICAL 
ELEMENTS AND COMPOUNDS, WHETHER IN SOLID, LIQUID OR GASEOUS FORM, AND ALL 
STEAM AND OTHER FORMS OF THERMAL ENERGY ON, IN OR UNDER SAID LAND AS 
RESERVED IN DEED RECORDED IN 2001-1105056, OFFICIAL RECORDS.