Attachment A - Draft Ordinance - Z-34-20-3.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 ZONING ORDINANCE BY CHANGING THE ZONING 
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED 
HEREIN (Z-34-20-3) FROM C-3 (GENERAL COMMERCIAL) TO 
PUD (PLANNED UNIT DEVELOPMENT). 
 
 
____________ 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 2.32-acre site located at the northeast corner 
of Cave Creek Road and the Shangri La Road alignment, in a portion of Sections 21 
and 22, Township 3 North, and Range 3 East, as described more specifically in Exhibit 
“A”, is hereby changed from “C-3” (General Commercial) to “PUD” (Planned Unit 
Development). 
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 the Pioneer Landscape Center PUD 
reflecting the changes approved through this request shall be submitted to the 
Planning Department within 30 days of City Council approval of this request. 
The updated Development Narrative shall be consistent with Development 
Narrative date stamped November 30, 2022 as modified by the following 
stipulations.   
 
 
 
a. 
Front Cover: Add “City Council adopted: [Insert Adoption date].” 
 
 
 
 
b. 
Page 9: Change the heading title from “Proposed PUD” to “PUD 
Requirements.” 
 
 
 
 
c. 
Page 10, Section D4: Shade: Replace the shade standard as follows: 
 
 
a. Public and private sidewalks 
Minimum 75% 
 
 
b. Employee and customer parking 
areas 
Minimum 25% 
 
 
 
 
d. 
Page 10: Add a section regarding required vehicular parking standards, 
including the following: “Vehicular parking standards shall follow Section 
702 requirements of the Zoning Ordinance.” 
 
 
2. 
For any development that modifies the cumulative floor area of any building by 
more than 2,000 square feet, including demolition, from that depicted on the 
conceptual site plan date stamped November 30, 2022, the conceptual site 
plans, conceptual landscape plans, and elevations shall be administratively 
approved 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. 
There shall be no more than one point of ingress/egress from Cave Creek 
Road. 
 
 
 
 
b. 
The public sidewalk along Cave Creek Road shall be constructed to a 
width of 5 feet and detached from the back of curb by a minimum 11-foot-
wide landscape area 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 the creation of a 
comfortable pedestrian environment. 
 
 
 
 
 
i. 
Minimum 3-inch caliper, large canopy, single-trunk, shade trees 
shall be placed 25 feet on center or in equivalent groupings.

ii. 
Drought tolerant shrubs and vegetative groundcovers shall be 
maintained at maximum height of 24 inches to provide a minimum 
of 75 percent live coverage at maturity. 
 
 
 
 
 
c. 
A minimum of 4 bicycle parking spaces shall be provided through Inverted 
U and/or artistic racks located near building entrances 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. 
 
 
 
 
d. 
The developer shall dedicate a total 50-feet of right-of-way where the last 
10-feet may be dedicated as sidewalk easement for the east side of Cave 
Creek Road, as approved by the Planning and Development Department. 
 
 
3. 
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. 
 
 
4. 
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. 
 
 
5. 
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 April, 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 (1 Page) 
B – Ordinance Location Map (1 Page)

EXHIBIT A 
  
Parcel No. 1: That part of the Northeast quarter of the Southeast quarter of Section 21, 
Township 3 North, Range 3 East of the Gila and Salt River Base and Meridian, 
Maricopa County, Arizona, being further described as follows: 
 
BEGINNING at the Intersection of the Easterly line of Cave Creek Road, and the East 
line of said Section 21, said point lying also South 00’ 09’ 30” West along the east line of 
Said Section 21, a distance of 344.02 feet from the east quart of Section 21; 
 
THENCE Southerly along the Easterly line of Said Cave Creek Road, then following 
South 20’ 40’ 00” West 280.72 feet; 
 
THENCE along the arc of a curve to the right, said curve having a radius of 750.32 feet 
through a central angle of 11’ 15’ 00”, a distance of 147.32 feet; 
 
THENCE South 31’ 55’ 00” West 142.82 feet; 
 
THENCE along the arc of a curve to the left, said curve having a radius of 583.91feet 
through a central angle of 4’ 41’ 01”, a distance of 49.54 feet;  
 
THENCE South 88’ 45’ 20” East, 234.68 feet to the East line of Section 21;  
 
THENCE North 00’ 09’ 30” East along said East line, 489.11 feet to the point of 
beginning. 
 
Parcel No. 2: A Tract of land located in the Southwest quarter of Section 22, Township 3 
North, Range 3 East of the Gila River and Salt River Base and Meridian, Maricopa 
County, Arizona, more particularly described as follows: 
 
COMMENCING at the West quarter corner of said Section 22; 
 
THENCE South 00’ 08’ 48” East along the West line of said Section 22 a distance of 
578.39 feet, said point being the true point of beginning; 
 
THENCE South 58’ 41’ 12” East a distance of 259.79 feet;  
 
THENCE South 39’ 08’ 13” West a distance of 350.00 feet to a point on the West line of 
said Section 22; 
 
THENCE North 00’ 08’ 48” West along said West line a distance of 406.49 feet to the 
true point of beginning. 
 
Containing 45,040 square feet or 1.03400 acres.