Attachment A - Draft Ordinance - Z-61-20-8.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-61-20-8) FROM R1-6 SPVTABDO (SINGLE-FAMILY 
RESIDENCE DISTRICT, SOUTH PHOENIX VILLAGE AND 
TARGET AREA B DESIGN OVERLAY) AND R-5 SPVTABDO 
(MULTIFAMILY RESIDENCE DISTRICT, SOUTH PHOENIX 
VILLAGE AND TARGET AREA B DESIGN OVERLAY) TO C-1 
SPVTABDO (NEIGHBORHOOD RETAIL DISTRICT, SOUTH 
PHOENIX VILLAGE AND TARGET AREA B DESIGN OVERLAY). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 2.50-acre site located at northeast corner of 
16th Street and Chipman Road in a portion of Section 27, Township 1 North, Range 3 
East, as described more specifically in Exhibit “A”, is hereby changed from 1.72 acres of  
“R1-6 SPVTABDO” (Single-Family Residence District, South Phoenix Village and 
Target Area B Design Overlay) and 0.78-acres of “R-5 SPVTABDO” (Multifamily 
Residence District, South Phoenix Village and Target Area B Design Overlay) to “C-1 
SPVTABDO” (Neighborhood Retail District, South Phoenix Village and Target Area B 
Design Overlay) to allow multifamily or single-family residential.

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. 
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 or stucco, to provide a 
decorative and aesthetic treatment. 
 
 
 
 
b. 
Building elevations adjacent and oriented towards 16th Street and the 
south property line, excluding drive aisles, 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, recesses, 
variation in window size and location, pitched roofs and/or overhang 
canopies. 
 
 
2. 
Building height shall be limited to two stories and 30 feet. 
 
 
3. 
Individual units shall provide an entryway that is either elevated, depressed or 
includes a feature such as a low wall to accentuate the primary entrance, as 
approved by the Planning and Development Department. 
 
 
4. 
There shall be no balconies on the upper floors of residential dwellings 
oriented towards the eastern property line. 
 
 
5. 
The development shall provide a minimum 300-square foot ornamental 
feature along the northeast corner of 16th Street and Chipman Road or the 
Chipman Road alignment to include the following elements, as approved by 
the Planning and Development Department: 
 
 
 
a. 
A landscaped accent area, exclusive of perimeter landscaping and 
right-of-way, shall be provided. The landscaped accent areas shall

provide a visually unique character with drought-tolerant plant 
materials providing seasonal interest and 75 percent live cover. 
 
 
 
 
b. 
The entry feature shall incorporate elements that may include, but are 
not limited to walls, architectural enhancements, art features, natural 
features such as boulders or fountains, or other uniquely identifying 
elements. 
 
 
 
 
c. 
The entry feature shall utilize accents, colors and materials consistent 
with the adjacent development. 
 
 
 
 
d. 
Where utility conflicts exist, the developer shall work with the Planning 
and Development Department on alternative design solutions. 
 
 
6. 
All perimeter walls visible from 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. 
 
 
7. 
The development shall include the following amenities and elements at a 
minimum, distributed between the open space area (s), as approved by the 
Planning and Development Department: 
 
 
 
a. 
Two barbecue grills and two picnic tables. 
 
 
 
 
b. 
Community garden areas of no less than a combined 200 square feet 
that will include a garden tool library, irrigation, and one bench or 
seating feature to enable year-round planting. 
 
 
 
 
c. 
One pedestrian seating node containing at least one bench or seating 
feature and located within close proximity to Chipman Road or 
Chipman Road alignment. 
 
 
 
 
d. 
Open space areas shall provide a minimum 50 percent shade, 
including amenity and seating areas, and a minimum of 50 percent live 
vegetative cover (shrubs, grasses, or groundcover plants). 
 
 
8. 
The developer shall provide a system of pedestrian thoroughfares as 
described below and as approved or modified by the Planning and 
Development Department: 
 
 
 
a. 
The developer shall provide a minimum of one pedestrian path 
connecting the sidewalk along 16th Street with residential units along 
the eastern property line via the most direct route. 
 
 
 
 
b. 
Illuminated by pedestrian scale lighting per Section 1304(H)5 for the 
pathway connecting the site east to west.

c. 
Where pedestrian paths and vehicular crossings exist, 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. 
Pedestrian paths shall be shaded to a minimum of 75 percent using 
architectural shade and/or shade trees at full maturity. 
 
 
 
 
e. 
Connections to/between: 
 
 
 
 
 
(1) 
All residential dwellings; 
 
 
 
 
 
 
(2) 
All amenity and active open space areas; 
 
 
 
 
 
 
(3) 
The sidewalk along 16th Street; 
 
 
 
 
 
 
(4) 
The sidewalk along Chipman Road or Chipman Road 
alignment; 
 
 
 
 
f. 
Where utility conflicts exist, the developer shall work with the Planning 
and Development Department on alternative design solutions 
consistent with a pedestrian environment. 
 
 
9. 
The developer shall provide traffic calming measures at all vehicular points of 
ingress and/or egress to slow vehicles departing the development and 
crossing the public sidewalks, as approved by the Planning and Development 
Department. 
 
 
10. 
The required landscape setback areas along 16th Street, Chipman Road, and 
the alley along the east property line shall be planted with drought-tolerant 
trees including minimum 75 percent 2-inch caliper and 25 percent 3-inch 
caliper, if the site develops as a residential use, as approved by the Planning 
and Development Department. 
 
 
11. 
All sidewalks along 16th Street 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. 
Where utility conflicts exist, the developer shall work with the Planning and 
Development Department on alternative design solutions consistent with a 
pedestrian environment. 
 
 
 
a. 
Minimum 2-inch caliper large canopy shade trees placed a minimum of 
25 feet on center or equivalent groupings to provide shade to a 
minimum 75 percent at full maturity.

b. 
Drought tolerant vegetation designed to grow to a maximum mature 
height of 24 inches and achieve 75 percent live coverage. 
 
 
12. 
The developer shall dedicate 50 feet of right-of-way for the east side of 16th 
Street and provide a detached sidewalk as required by Cross Section D, as 
approved by the Planning and Development Department. 
 
 
13. 
The Developer shall remove the existing driveway along 16th Street and 
construct a public street connection for Chipman Road. 
 
 
14. 
The developer shall dedicate 25 feet of right-of-way for the north half of 
Chipman Road transitioning to a total 50-foot dedication to match the existing 
Chipman Road on the east side of the property. 
 
 
15. 
The developer shall dedicate 6 feet along the alley on the eastern side of the 
development, as approved by the Planning and Development Department. 
 
 
16. 
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. 
 
 
17. 
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. 
 
 
18. 
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. 
 
 
19. 
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. 
 
 
20. 
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. 
 
 
21. 
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.

22. 
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 5th day of May, 2021. 
 
 
________________________________ 
 
 
 
       MAYOR  
 
ATTEST: 
 
 
____________________________City Clerk 
 
 
APPROVED AS TO FORM: 
 
____________________________City Attorney 
 
 
 
REVIEWED BY:  
 
____________________________City Manager 
 
Exhibits: 
A – Legal Description (1 Page) 
B – Ordinance Location Map (1 Page)

EXHIBIT A 
 
LEGAL DESCRIPTION FOR Z-61-20-8 
 
That portion of the Northwest quarter of Section 27, Township 1 North, Range 3 East of 
the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as 
follows: 
 
BEGINNING at a point on the West line of said Northwest quarter of Section 27, from 
which the Southwest corner of said Northwest quarter of Section 27 bears South 
1254.44 feet and the Northwest corner of said Section 27 bears North 1383.96 feet; 
 
Thence East 616.28 feet; 
 
Thence South 176.71 feet; 
 
Thence West 616.28 feet to a point on the West lien of said Northwest quarter of 
Section 27; 
 
Thence North along said West line of the Northwest quarter of Section 27, a distance of 
176.71 feet to the POINT OF BEGINNING; 
 
EXCEPT the West 40 feet for road.