Attachment A - Draft Ordinance - Z-2-21-4.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 
(CASE Z-2-21-4) FROM R1-6 (SINGLE-FAMILY RESIDENCE 
DISTRICT) AND R-5 (MULTIFAMILY RESIDENCE DISTRICT) TO 
R-4A (MULTIFAMILY RESIDENCE DISTRICT) AND C-2 
(INTERMEDIATE COMMERCIAL DISTRICT). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 9.39 acre site located at southeast corner of 
35th Avenue and Interstate 10 in a portion of Section 2, Township 1 North, Range 2 
East, as described more specifically in Exhibit “A”, is hereby changed from 6.98 acres of 
“R1-6” (Single-Family Residence District) and 2.41 acres of “R-5” (Multifamily 
Residence District) to 5.67 acres of “R-4A” (Multifamily Residence District) and 3.72 
acres of “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: 
R-4A ZONED AREA 
 
1. 
For the R-4A portion of the site, the maximum building height and density 
shall not exceed 30 feet and 98 dwelling units. If the following conditions are 
met, the maximum height and density shall be 40 feet and 200 dwelling units. 
The conditions must be met prior to or in conjunction with the Final Site Plan 
Review. 
 
 
 
a. 
A minimum of 75 percent of the housing units are dedicated for long-
term affordability, as approved by the Phoenix Housing Department. 
 
 
 
 
b. 
The applicant shall submit a copy of the draft Declaration of Affirmative 
Land use and Restrictive Covenants agreement (LURA), for review and 
approval by the Phoenix Housing Department. 
 
 
 
 
c. 
The applicant shall submit a copy of the Proforma, for review and 
approval by the Phoenix Housing Department. 
 
 
2. 
Prior to the issuance of building permits for the R-4A portion of the site, the 
applicant shall submit a copy of the Recorded Declaration of Affirmative Land 
use and Restrictive Covenants agreement (LURA), as approved by the State 
Housing Department, if conditions listed in Stipulation No.1 for additional 
height and density are pursued. 
 
 
3. 
An average building setback of 40 feet, minimum 20 feet for up to 25 percent 
of the frontage, shall be provided along 34th Avenue. 
 
 
4. 
A minimum 20-foot building setback shall be provided along the north property 
line of the residentially zoned portion of the site. 
 
 
5. 
Residential building elevations shall be developed 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 such 
as brick, stone, colored textured concrete, stucco, painted steel or 
other materials to provide a decorative and aesthetic treatment, as 
approved by the Planning and Development Department.

b. 
Building elevations adjacent and oriented to a public park or street, 
shall contain a minimum of 25 percent brick, masonry, stone or another 
exterior accent material that exhibits quality and durability. 
 
 
 
 
c. 
All building elevations shall contain architectural embellishments and 
detailing such as textural changes, pilasters, offsets, pop-outs, 
recesses, variation in window size and location, pitched roofs and/or 
overhang canopies, as approved by the Planning and Development 
Department 
 
 
 
 
d. 
Balconies and windows shall be provided for residential units adjacent 
to a public park. 
 
 
6. 
There shall be no balconies on the upper floors of residential buildings located 
within 60 feet of the front property line which are oriented toward single-family 
residential homes not part of this development, as approved by the Planning 
and Development Department. 
 
 
7. 
An average landscape setback of 10 feet, minimum 5 feet for up to 50 percent 
of the property line, shall be provided along the north property line. 
 
 
8. 
The required landscape setbacks for the residentially zoned portion of the site 
shall be planted with minimum 50-percent 2-inch caliper and 50-percent 3-
inch caliper large canopy drought-tolerant evergreen trees, 20 feet on center 
or in equivalent groupings, and five 5-gallon shrubs per tree, as approved by 
the Planning and Development Department. 
 
 
9. 
A central amenity and open space area shall be provided within close 
proximity to the primary vehicular entrance into the development. The 
following amenities shall be provided at a minimum and may be dispersed 
throughout the development, as approved by the Planning and Development 
Department: 
 
 
 
a. 
Tot lot; 
 
 
 
 
b. 
Clubhouse or community room; 
 
 
 
 
c. 
Two picnic areas each with a barbeque grill, shade ramada and a 
picnic table; and 
 
 
 
 
d. 
Two benches or seating features. 
 
 
10. 
Vehicular entryways to the residential portion of the development along 34th 
Avenue shall include the following elements, as approved or modified by the 
Planning and Development Department: 
 
 
 
a. 
Pedestrian pathways connecting the interior of the development to the 
public sidewalks on one side of the vehicular driveway at minimum.

b. 
The pedestrian pathways shall be lined with landscape areas on both 
sides and planted with drought-tolerant plant materials providing 
seasonal interest and 75 percent live cover. 
 
 
 
 
c. 
A mix of ornamental shrubs and flower beds that will maintain a 
constant bloom throughout the year and 75 percent live cover, shall be 
provided along the entryway. 
 
 
 
 
d. 
The driveway surface shall be constructed of decorative pavers, 
stamped or colored concrete, or another material, other than those 
used to pave the parking surfaces, as approved by the Planning and 
Development Department. 
 
 
11. 
A perimeter wall no less than 6 feet in height shall be provided along the 
Interstate 10 freeway within the residentially zoned portion of the site. This 
wall 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. 
 
 
12. 
Except where required by the Zoning Ordinance, perimeter walls adjacent to a 
public street or public park shall be limited to open view wrought iron fencing 
or a combination of 2-foot solid masonry topped by wrought iron open view 
fencing, as approved by the Planning and Development Department. 
 
 
13. 
The indoor noise levels of residential units shall not exceed a decibel day 
night-level (DNL) of 45 decibels and that along with the building plans 
submitted for Phoenix Building Construction Code compliance review to the 
Planning and Development Department there shall be a sealed and signed 
analysis by an engineer licensed in Arizona with a proficiency in residential 
sound mitigation or noise control. The engineer shall note in the analysis that 
the building design is capable of achieving the required Noise Level 
Reduction. 
 
 
14. 
A minimum five-foot-wide sidewalk along 34th Avenue shall be detached with 
a minimum five-foot-wide landscape strip located between the sidewalk and 
back of curb and shall include minimum 2-inch caliper single-trunk large 
canopy drought-tolerant shade trees planted a minimum of 20 feet on center 
or in equivalent groupings between the sidewalk and back of curb, as 
approved by the Planning and Development Department. 
 
 
15. 
The developer shall dedicate minimum 25 feet of right-of-way and construct 
the west side of 34th Avenue for the full limits of the project, as approved or 
modified by the Planning and Development Department. 
 
 
16. 
If the portion of 34th Avenue north of Moreland Street is not approved to be 
abandoned through a separate process, the developer shall provide a 50-foot

radius cul-de-sac termination at 34th Avenue, north of Moreland Avenue, as 
approved or modified by the Planning and Development Department. 
 
 
C-2 ZONED AREA 
 
 
17. 
The development shall be in general conformance with the conceptual site 
plan date stamped July 14, 2021 and building elevations date stamped May 
16, 2021 for the C-2 portion of the site, except as described below and as 
approved by the Planning and Development Department. 
 
 
18. 
The conceptual site plan and elevations for Lot 2, as depicted in the site plan 
for the overall site date stamped June 30, 2021, shall be administratively 
reviewed by the Planning Hearing Officer prior to preliminary site plan 
approval with specific regard to the inclusion of the below elements. This 
review is for conceptual purposes only. Specific development standards and 
requirements will be determined by the Planning and Development 
Department. 
 
 
 
a. 
Location and orientation of buildings and trash receptables in relation to 
the residentially zoned property to the east. 
 
 
 
 
b. 
Accessible pedestrian pathways that connect building entrances, public 
sidewalks, and the pedestrian pathway connecting the commercially 
zoned property to the residentially zoned property to the east using the 
most direct route for pedestrians. 
 
 
 
 
c. 
Pedestrian connection between adjacent commercial parcels. 
 
 
 
 
d. 
All elevations of the building/s shall contain architectural 
embellishments and detailing, such as: textural changes, pilasters, 
offsets, recesses, variation in window size or location, overhang 
canopies, or similar features. 
 
 
19. 
A minimum 20-foot wide landscape setback shall be provided along the east 
side of the site where adjacent to a residential zoning district. This landscape 
setback shall be planted with a minimum 2-inch caliper large canopy 
evergreen trees, 20 feet on center or in equivalent groupings, as approved by 
the Planning and Development Department. 
 
 
20. 
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 otherwise noted herein, as 
approved by the Planning and Development Department. 
 
 
21. 
A landscaped gateway entry feature shall be provided on the southeast corner 
of 35th Avenue and Interstate 10 as described below and as approved by the 
Planning and Development Department:

a. 
An average 75-foot by 75-foot landscape entryway that adheres to the 
landscape palette for gateway entry features in the Estrella Village 
Arterial Street Landscaping Program. 
 
 
 
 
b. 
A minimum 300-square foot landscaped accent area shall be provided. 
The landscaped accent area shall provide a visually unique character 
with drought-tolerant plant materials providing seasonal interest and 75 
percent live cover. 
 
 
 
 
c. 
The gateway entry feature shall utilize accents, colors and materials 
consistent with the theme of the commercial uses on the same site, as 
approved by the Planning and Development Department. 
 
 
22. 
The bus stop pad along 35th Avenue shall be shaded to a minimum of 50 
percent using shade trees at full maturity, as approved or modified by the 
Planning and Development Department. 
 
 
23. 
Public Transit Department shall retain right-of-way and bus stop pads on 
northbound 35th Avenue, as approved by the Planning and Development 
Department. 
 
 
24. 
All sidewalks along 35th Avenue shall be 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 Planning and Development Department. 
 
 
 
a. 
Minimum 2-inch caliper single-trunk large canopy drought-tolerant 
shade trees to provide shade to a minimum 75 percent at maturity. 
 
 
 
 
b. 
Drought tolerant vegetation designed to grow to a maximum mature 
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. 
 
 
25. 
The developer shall dedicate minimum 50-feet of right-of-way and construct 
the east half of 35th Avenue for the full limits of the project, per Cross Section 
D standards identified on the City of Phoenix Street Classification Map, as 
approved by the Planning and Development Department. 
 
 
26. 
Driveway access control to the site will be permitted as approved by the 
Traffic Impact Study submitted to the Street Transportation Department by

providing a sealed Traffic Impact Study analyzing access control and 
proposed mitigation for conflicting turning movements along 35th Avenue. 
 
 
27. 
The site shall provide recorded cross-access agreements between lots one 
and two as depicted on the conceptual site plan date stamped June 30, 2021, 
as approved by the Planning and Development Department. 
 
 
28. 
Prior to preliminary site plan approval, the developer shall work with the Office 
of Pedestrian Safety in the Street Transportation Department to evaluate a 
HAWK crossing at the southern boundary of the site within 35th Avenue. The 
developer shall be responsible for funding any identified improvements 
including the HAWK crossing, as determined by the Street Transportation 
Department, but generally to be located between Moreland Street and 
Portland Street. 
 
 
R-4A AND C-2 ZONED AREAS 
 
 
29. 
All perimeter walls visible from street right-of-way and adjacent to the public 
park shall include material and textural differences, such as stucco and/or split 
face block with a decorative element, such as tile or stamped designs or other 
alternatives if full view fencing is proposed, as approved by the Planning and 
Development Department. 
 
 
30. 
All uncovered surface parking lot areas shall be landscaped with minimum 2-
inch caliper 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. 
 
 
31. 
Pedestrian walkways connecting the commercial sites and residentially zoned 
property to the east, public sidewalks, and walkways within the residentially 
zoned portion of the site shall be shaded to a minimum of 75 percent using 
shade trees at maturity and/or architectural shade, as approved by the 
Planning and Development Department. 
 
 
32. 
A system of pedestrian thoroughfares shall be provided as described below 
and as approved or modified by the Planning and Development Department: 
 
 
 
a. 
The developer shall provide a minimum of one centralized pedestrian 
pathway connecting the public sidewalk along 35th Avenue passing 
through Lot 1 to the public sidewalk along 34th Avenue passing 
through Lot 3, as depicted in the site plan for the overall site date 
stamped June 30, 2021. Each phase of the project will construct the 
portion of the pedestrian path along their development. 
 
 
 
 
b. 
Illuminated pedestrian scale lighting per Section 1304.H.5 for the 
centralized pedestrian pathway.

c. 
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. Vehicular crossings shall be kept to a minimum. 
 
 
 
 
d. 
Connections to/between via the most direct route: 
 
 
 
 
 
(1) 
All building entrances; 
 
 
 
 
 
 
(2) 
Active open space areas; 
 
 
 
 
 
 
(3) 
Adjacent public sidewalks; and 
 
 
 
 
 
 
(4) 
Bus stop along 35th Avenue. 
 
 
33. 
The development shall incorporate bicycle infrastructure as described below 
and as approved by the Planning and Development Department. 
 
 
 
a. 
“Secure/Covered Facilities” bicycle parking shall be provided at a rate 
of 0.25 spaces per dwelling unit on the residential portion of the site, up 
to a maximum of 20 spaces, as defined in Appendix K of the 
Comprehensive Bicycle Master Plan. 
 
 
 
 
b. 
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 and residential 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. 
 
 
 
 
c. 
One bicycle repair station (“fix it station”) shall be provided and 
maintained in the residentially zoned portion of the site within a central 
amenity area or along a centralized pedestrian pathway. 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. 
 
 
34. 
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.

35. 
A Red Border Letter shall be processed for this development, as determined 
by the Planning and Development Department. 
 
 
36. 
The developer shall record a Notice of Prospective Purchasers of Proximity to 
Airport in order to disclose the existence and operational characteristics of 
Phoenix Sky Harbor International Airport (PHX) to future owners or tenants of 
the property. 
 
 
37. 
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. 
 
 
38. 
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. 
 
 
39. 
If Phase I data testing is required, and if, upon review of the results from 
Phase 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. 
 
 
40. 
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. 
 
 
41. 
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 8th day of September, 
2021. 
 
 
________________________________ 
 
 
 
       MAYOR

ATTEST:  
 
 
_________________________  
Denise Archibald, City Clerk 
 
 
APPROVED AS TO FORM: 
Cris Meyer, City Attorney 
 
 
By: 
_________________________  
_________________________ 
 
 
REVIEWED BY:  
 
 
_________________________  
Ed Zuercher City Manager 
 
 
 
Exhibits: 
A – Legal Description (2 Pages) 
B – Ordinance Location Map (1 Page)

EXHIBIT A 
 
LEGAL DESCRIPTION FOR Z-2-21-4 
 
R-4A ZONED AREA 
LOCATED IN THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 1 NORTH, 
RANGE 2 EAST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN, 
MARICOPA COUNTY, ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS 
FOLLOWS: 
 
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER 
OF SAID SECTION 2; 
 
THENCE NORTH 00 DEGREES 18 MINUTES 01 SECONDS EAST, A DISTANCE OF 
832.74 FEET ALONG THE WEST LINE OF SAID NORTHWEST QUARTER TO THE 
POINT OF BEGINNING; 
 
THENCE SOUTH 89 DEGREES 43 MINUTES 59 SECONDS EAST, A DISTANCE OF 
338.62 FEET TO THE POINT OF BEGINNING; 
 
THENCE NORTH 00 DEGREES 18 MINUTES 01 SECONDS EAST, A DISTANCE OF 
464.56 FEET; 
 
THENCE SOUTH 89 DEGREES 46 MINUTES 59 SECONDS EAST, A DISTANCE OF 
491.03 FEET; 
 
THENCE SOUTH 00 DEGREES 10 MINUTES 29 SECONDS EAST, A DISTANCE OF 
465.00 FEET; 
 
THENCE NORTH 89 DEGREES 43 MINUTES 59 SECONDS WEST, A DISTANCE OF 
494.88 FEET TO THE POINT OF BEGINNING. 
 
 
C-2 ZONED AREA 
 
LOCATED IN THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 1 NORTH, 
RANGE 2 EAST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA 
COUNTY, ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 
 
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER 
OF SAID SECTION 2; 
 
THENCE NORTH 00 DEGREES 18 MINUTES 01 SECONDS EAST, A DISTANCE OF 
832.74 FEET ALONG THE WEST LINE OF SAID NORTHWEST QUARTER TO THE 
POINT OF BEGINNING;

THENCE CONTINUING NORTH 00 DEGREES 18 MINUTES 01 SECONDS EAST 
ALONG SAID WEST LINE, A DISTANCE OF 464.26 FEET; 
 
THENCE SOUTH 89 DEGREES 46 MINUTES 59 SECONDS EAST, A DISTANCE OF 
331.62 FEET; 
 
THENCE SOUTH 00 DEGREES 18 MINUTES 01 SECONDS WEST, A DISTANCE OF 
464.55 FEET; 
 
THENCE NORTH 89 DEGREES 43 MINUTES 59 SECONDS WEST, A DISTANCE OF 
331.62 FEET TO THE POINT OF BEGINNING.