Attachment A - Draft Ordinance - Z-43-20-4.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  
(Z-43-20-4) FROM C-2 CNSPD (INTERMEDIATE COMMERCIAL, 
CORONADO NEIGHBORHOOD SPECIAL PLANNING DISTRICT) 
AND P-1 CNSPD (PARKING, CORONADO NEIGHBORHOOD 
SPECIAL PLANNING DISTRICT) TO PUD CNSPD (PLANNED 
UNIT DEVELOPMENT, CORONADO NEIGHBORHOOD SPECIAL 
PLANNING DISTRICT) 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 1.59-acre site located at the northwest 
corner of 12th Street and McDowell Road, in a portion of Section 33 Township 2 North 
and Range 3 East, as described more specifically in Exhibit “A”, is hereby changed from  
1.13 acres of “C-2 CNSPD” (Intermediate Commercial, Coronado Neighborhood Special 
Planning District) and 0.46-acres of “P-1 CNSPD” (Parking, Coronado Neighborhood 
Special Planning District) to PUD CNSPD (Planned Unit Development, Coronado 
Neighborhood Special Planning 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 McDowell Hotel 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 May 18, 2021, as modified by the following stipulations: 
a. 
Front cover: Revise the date information on the cover page to add the 
following:  
 Hearing Draft: May 18, 2021 
 City Council Adopted: TBD [Add Adoption Date] 
b. 
Page 4 and Exhibits: Add an Exhibit 8 to include the renderings date 
stamped August 4, 2021. 
c. 
Page 8: Update Figure 2 to match the site plan date stamped August 4, 
2021. 
d. 
Page 14; Walkable Urban Code: Applications and Modifications Table: 
Change the column header from “Column B: Standards for hotel use only” 
to “Column B: Standards for hotel and medical office use only” 
e. 
Page 14: Change “1303 General Site Development Standards” to “1304 
General Site Development Standards”.  
f. 
Page 15, 1305 Frontage Standards, Fence standards: Add an additional 
bullet to include the following provision under the first bullet: 
o Decorative screening or open fencing on top of solid walls shall be 
limited to 66 inches, with a combined height not to exceed 78 
inches.  
g. 
Page 15; Walkable Urban Code: Applications and Modifications Table. 
1306 Land Use Matrix in Column B: Add “Clinic, medical or dental; 
laboratory, medical, dental or clinical; medical or dental office; per Section 
1306 Land Use Matrix.”

h. 
Page 20; Site; 1st Paragraph: Add the following language “proposals for 
non-standard material in the public right-of-way shall require approval 
from the Street Transportation Department” 
2. 
The site shall be in general conformance with the site plan date stamped August 
4, 2021 should a hotel use be developed on the site, as approved by the 
Planning and Development Department. 
3. 
The developer shall dedicate 35-feet of right-of-way for the north side of 
McDowell Road, as approved by the Planning and Development Department. 
4. 
The developer shall dedicate a 10-foot sidewalk easement for the north half of 
McDowell Road, as approved by the Planning and Development Department. 
5.  
The driveway along McDowell Road shall be restricted to three quarter access 
per City of Phoenix standard detail, as approved by the Street Transportation 
Department. 
6.  
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.  
7. 
The developer shall provide a No Hazard Determination for the proposed 
development from the FAA pursuant to the FAA’s Form-7460 obstruction 
analysis review process, prior to construction permit approval, as per plans 
approved by the Planning and Development Department.   
8. 
The property owner shall record documents that disclose the existence, and 
operational characteristics of Phoenix Sky Harbor Airport 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. 
9. 
The developer shall grant and record an avigation easement to the City of 
Phoenix for the site, per the content and form prescribed by the City Attorney 
prior to final site plan approval. 
10. 
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. 
11. 
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

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 8th day of September 
2021.  
 
 
 
 
________________________________ 
 
 
 
       MAYOR  
 
 
 
 
ATTEST:  
 
 
_________________________  
Denise Archibald, City Clerk 
 
 
APPROVED AS TO FORM: 
Cris Meyer, City Attorney 
 
 
By: 
_________________________  
archaeologist, determines such data recovery excavations are necessary, the 
applicant shall conduct Phase II archaeological data recovery excavations. 
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.

_________________________ 
 
 
REVIEWED BY:  
 
 
_________________________  
Ed Zuercher City Manager 
 
 
Exhibits: 
A – Legal Description (2 Pages) 
B – Ordinance Location Map (1 Page)

EXHIBIT A 
 
LEGAL DESCRIPTION FOR Z-43-20-4 
 
 
That part of Lot 16, Homewood Tract, according to Book 3 of Maps, page 26, records of 
Maricopa County, Arizona described as follows:  
 
Commencing at the South quarter corner of Section 33, Township 2 North, Range 3 
East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona;  
 
Thence North 00 degrees 21 minutes 00 seconds East, along the North-South mid-
section line thereof, 33.00 feet to the Southeast corner of Lot 16;  
Thence continuing North 00 degrees 21 minutes 00 seconds East, along the aforesaid 
East line, 2.50 feet;  
 
Thence West, along a line 2.50 feet North of and parallel to the South line of Lot 16, 
16.03 feet to the Point of Beginning;  
 
Thence continuing West, along the North line of the South 2.50 feet of Lot 16, 164.27 
feet (recorded) 164.28 feet (measured) to a point on the East line of the West 151.50 
feet of Lot 16;  
Thence North 00 degrees 56 minutes 00 seconds East, along the aforesaid East line 
166.25 feet to the Southeast corner of the parcel described in Docket 890, page 260, 
records of Maricopa County, Arizona;  
 
Thence South 89 degrees 52 minutes 00 seconds West, along the South line of said 
parcel, 56.50 feet to the Southwest corner thereof, also being the East line of the West 
95.00 feet of Lot 16;  
 
Thence North 00 degrees 56 minutes 00 seconds East, along the West line of said 
parcel and the East line of the West 95.00 feet of Lot 16, 121.40 feet (recorded) 121.45 
feet (Measured) to a point on the South line of the North 337.00 feet of Lot 16;  
 
Thence North 89 degrees 52 minutes 00 seconds East, along said South line, 214.00 
feet to the Northeast corner of parcel no. 1, as described in Recording No. 1983-
0123794, records of Maricopa County, Arizona;  
 
Thence South 00 degrees 25 minutes 09 seconds East, along the East line of said 
parcel and its Southerly prolongation, being the West right-of –way line of North 12th 
Street, 287.98 feet to the Point of Beginning.  
 
Except that part thereof described as follows:  
 
Beginning at the intersection of the North line of the South 2.50 feet with a line 
designated herein as line “A”, which extends from a point on the South line of Lot 16, 
distant 16.00 feet West from the Southeast corner thereof to a point on the North line of 
the South half, distant 20.24 feet West from the Northeast corner of the South half;

Thence Northerly along said line “A”, 16.00 feet;  
Thence Southwesterly to a point on the North line of the South 2.50 feet which is 16.00 
feet West of the Point of Beginning, And  
 
Except that part of Lot 16 bounded on the East by said Line “A”, on the North by the 
South right-of-way Line of Almeria Road, as shown on the plat of the Subdivision of the 
North 337 feet of lots 15 and 16, Homewood Tract according to Book 19 of Maps, page 
34, records of Maricopa County, Arizona, and on the Southwest by the arc of a circular 
curve concave Southwesterly, having a tangent of 12 feet and being tangent to said line 
“A” and to the South right-of-way line; and  
 
Except the portion described as follows: 
 
Commencing at the intersection of the North line of the South 2.50 feet of Lot 16 with a 
line, designated herein as Line “A” which extends from a point in the South line of lot 16 
which is 16.00 feet West of the Southeast corner thereof to a point in the North line of 
the South half of Lot 16 which is 20.24 West of the Northeast corner of said South half;  
 
Thence Northerly along said Line “A”, 16.00 feet to the Point of Beginning;  
 
Thence continuing Northerly, along said Line “A”, 1.00 feet;  
 
Thence Southwesterly to a point in the North line of said south 2.50 feet which is 17.00 
feet West of the Point of Commencement;  
 
Thence East, along the last said North line, 1.00 feet;  
 
Thence Northeasterly to the Point of Beginning.