Attachment A - Draft Ordinance - Z-75-21-2.pdf

City of Phoenix — Formal (2022-04-06)

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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 ZONING ORDINANCE BY CHANGING THE ZONING 
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED 
HEREIN (CASE Z-75-21-2) FROM C-2 M-R NBCOD 
(INTERMEDIATE COMMERCIAL, MID-RISE, NORTH BLACK 
CANYON OVERLAY DISTRICT), CP/GCP M-R PCD NBCOD 
(COMMERCE PARK/GENERAL COMMERCE PARK, MID-RISE, 
PLANNED COMMUNITY DISTRICT, NORTH BLACK CANYON 
OVERLAY DISTRICT), AND CP/GCP M-R NBCOD (COMMERCE 
PARK/GENERAL COMMERCE PARK, MID-RISE, NORTH BLACK 
CANYON OVERLAY DISTRICT) TO C-2 NBCOD 
(INTERMEDIATE COMMERCIAL, NORTH BLACK CANYON 
OVERLAY DISTRICT). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 1.26-acre site located approximately 460 feet 
south of the southwest corner of North Valley Parkway and Dove Valley Road in a 
portion of Section 13 and 14, Township 5 North, Range 2 East, as described more 
specifically in Exhibit “A,” is hereby changed from 0.60 acres of “C-2 M-R NBCOD” 
(Intermediate Commercial, Mid-Rise, North Black Canyon Overlay District), 0.48 acres 
of “CP/GCP M-R PCD NBCOD” (Commerce Park/General Commerce Park, Mid-Rise,

Planned Community District, North Black Canyon Overlay District), and 0.18 acres of 
“CP/GCP M-R NBCOD” (Commerce Park/General Commerce Park, Mid-Rise, North 
Black Canyon Overlay District), to “C-2 NBCOD” (Intermediate Commercial, North Black 
Canyon Overlay 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 shall be in general conformance with the site plan date 
stamped November 22, 2021, as modified by the following stipulations and 
approved by the Planning and Development Department. 
 
 
2. 
All elevations of the building shall contain a minimum of three building 
materials as well as architectural embellishments and detailing such as textural 
changes, pilasters, offsets, recesses, variation in window size and location, 
and/or overhang canopies, as approved by the Planning and Development 
Department. 
 
 
3. 
All buildings, wall colors, and materials shall be in compliance with the North 
Black Canyon Overlay District with specific regard to colors being muted and 
blending, rather than contrasting strongly, with the surrounding desert 
environment, as approved by the Planning and Development Department. 
 
 
4. 
Clearly defined, accessible pedestrian pathways shall be provided to connect 
building entrances and public sidewalks using the most direct route for 
pedestrians, as approved by the Planning and Development Department. 
 
 
5. 
Where pedestrian pathways cross drive aisles, the pathway shall be 
constructed of decorative pavers, stamped or colored concrete, or another 
material, other than those used to pave parking surfaces and drive aisles, as 
approved by the Planning and Development Department.

6. 
A minimum of 75 percent of pedestrian pathways and sidewalks shall be 
shaded by a structure, landscaping at maturity, or a combination of the two, as 
approved by the Planning and Development Department. 
 
 
7. 
A minimum of two inverted U-bicycle spaces for guests or employees shall be 
provided on site and installed per the requirements of Section 1307.H of the 
Zoning Ordinance, as approved by the Planning and Development Department. 
 
 
8. 
Median openings along North Valley Parkway are prohibited unless otherwise 
approved by the Street Transportation Department. 
 
 
9. 
The developer shall provide conduit and junction boxes at the northwest corner 
of the southern (east/west) collector street and North Valley Parkway for future 
traffic signal equipment, as approved by the Street Transportation Department. 
 
 
10. 
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. 
 
 
11. 
If determined necessary by the Phoenix Archaeology Office, the applicant shall 
conduct Phase I data testing and submit an archaeology 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. 
 
 
12. 
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, determine such data recovery excavations are necessary, the 
applicant shall conduct Phase II archaeological data recovery excavations. 
 
 
13. 
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. 
 
 
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 6th day of April, 2022.

________________________________ 
 
 
 
       MAYOR  
 
 
ATTEST:  
 
 
_________________________  
Denise Archibald, City Clerk 
 
 
APPROVED AS TO FORM: 
Cris Meyer, 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 Z-75-21-2 
 
LEGAL DESCRIPTION – LOT 2 
 
A PORTION OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE 
NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 5 NORTH, RANGE 2 EAST 
OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, 
ARIZONA, DESCRIBED AS FOLLOWS: 
 
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 14; 
 
THENCE SOUTH 00 DEGREES 21 MINUTES 42 SECONDS EAST, ALONG THE 
EAST LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 456.50 FEET TO A 
POINT ON THE WESTERLY RIGHT OF WAY LINE OF NORTH VALLEY PARKWAY, 
BEING A POINT ON A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST 
HAVING A RADIUS OF 1502.39 FEET, THE CENTER OF WHICH BEARS NORTH 72 
DEGREES 04 MINUTES 45 SECONDS EAST SAID POINT ALSO BEING THE TRUE 
POINT OF BEGINNING; 
 
THENCE NORTHWESTERLY ALONG SAID CURVE AND SAID RIGHT OF WAY LINE 
THROUGH A CENTRAL ANDLE OF 00 DEGREES 15 MINUTES 52 SECONDS AN 
ARC LENGTH OF 6.93 FEET; 
 
THENCE LEAVING SAID RIGHT OF WAY SOUTH 67 DEGREES 24 MINUTES 32 
SECONDS WEST, A DISTANCE OF 75.74 FEET; 
 
THENCE SOUTH 89 DEGREES 38 MINUTES 10 SECONDS WEST, A DISTANCE OF 
58.80 FEET; 
 
THENCE SOUTH 00 DEGREES 21 MINUTES 44 SECONDS EAST, A DISTANCE OF 
218.67 FEET TO A POINT ON THE PROPOSED NORTH RIGHT OF WAY LINE OF 
COMMITMENT WAY, SAID POINT ALSO BEING THE BEGINNING OF A NON-
TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 470.00, 
THE CENTER OF WHICH BEARS NORTH 00 DEGREES, 00 MINUTES 03 SECONDS 
WEST; 
 
THENCE NORTHEASTERLY ALONG SAID CURVE AND SAID RIGHT OF WAY LINE 
THROUGH A CENTRAL ANGLE OF 23 DEGREES 14 MINUTES 23 SECONDS AN 
ARC LENGTH OF 190.64 FEET; 
 
THENCE NORTH 13 DEGREES 25 MINUTES 50 SECONDS EAST, A DISTANCE OF 
37.75 FEET TO A POINT ON SAID WESTERLY RIGHT OF WAY LINE OF NORTH 
VALLEY PARKWAY TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE

TO THE NORTHEAST HAVING A RADIUS OF 1502.39 FEET, THE CENTER OF 
WHICH BEARS NORTH 65 DEGREES 18 MINUTES 29 SECONDS EAST; 
 
THENCE NORTHWESTERLY ALONG SAID CURVE AND SAID RIGHT OF WAY LINE 
THROUGH A CENTRAL ANGLE OF 06 DEGREES 46 MINUTES 16 SECONDS AN 
ARC LENGTH OF 177.55 FEET TO THE TRUE POINT OF BEGINNING. 
 
COMPRISING 36,557.01 SF OR 0.8392 AC, MORE OR LESS.