Attachment A - Draft Ordinance - Z-84-22-7.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 (CASE Z-84-22-7) FROM C-2 HGT/WVR 
(INTERMEDIATE COMMERCIAL, HEIGHT WAIVER) TO C-2 
HGT/WVR DNS/WVR (INTERMEDIATE COMMERCIAL, HEIGHT 
WAIVER, DENSITY WAIVER). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 10.48-acre property located approximately 
315 feet south of the southeast corner of 83rd Avenue and McDowell Road in a portion 
of Section 2, Township 1 North, Range 1 East, as described more specifically in Exhibit 
“A,” is hereby changed from “C-2 HGT/WVR” (Intermediate Commercial, Height 
Waiver), to “C-2 HGT/WVR DNS/WVR” (Intermediate Commercial, Height Waiver, 
Density Waiver).  
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.  
Upon complete redevelopment or development that increases the cumulative 
floor area by more than 15% from that depicted on the site plan date stamped 
October 27, 2022, 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 
aesthetic treatment, as approved by the Planning and Development Department.  
 
 
2.  
The landscape setback along McDowell Road and 83rd Avenue shall be planted 
with a minimum 50% 2-inch caliper trees, minimum 25% 3-inch caliper trees, and 
minimum 25% 4-inch caliper trees, as approved by the Planning and 
Development Department. Where possible, the developer shall use existing 
trees and landscaping to meet the landscaping requirements.  
 
               
3. 
Where landscape areas will be replenished, a minimum of 10% of the required 
shrubs, shall be a milkweed or other native nectar species, and shall be planted 
in groups of three or more, as approved by the Planning and Development 
Department.  
 
 
4. 
All uncovered surface parking lot areas shall be landscaped with minimum 2- 
inch caliper drought-tolerant shade trees. Landscaping shall be dispersed 
throughout the parking area and achieve 10 percent shade at maturity, as 
approved by Planning and Development Department.  
 
 
5.  
Where pedestrian walkways cross drive aisles, the pathway shall be constructed 
with decorative pavers, stamped or colored concrete, or another treatment 
material, other than those used to pave parking surfaces and drive aisles, as 
approved by the Planning and Development Department.  
 
 
6.  
The following amenities shall be provided and dispersed throughout the 
development, as approved by the Planning and Development Department:  
 
 
 
a. 
Ramadas  
 
 
 
 
b. 
BBQ 
 
 
 
 
c. 
Tot lot  
 
 
 
 
d. 
Dog park

7.  
Bicycle infrastructure shall be provided as described below and as approved by 
the Planning and Development Department.  
 
 
 
a. 
A minimum of 10 bicycle parking spaces shall be provided through 
Inverted U and/or artistic racks, or in a secure room and located 
throughout the site including near the centralized open space and 
installed per the requirements of Section 1307.H. of the Phoenix Zoning 
Ordinance, as approved by the Planning and Development Department.  
 
 
 
 
b. 
One bicycle repair station (“fix it station”) shall be provided and 
maintained on site within an amenity area or near a primary site entrance. 
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.  
 
 
8. 
Upon complete redevelopment or development that increases the cumulative 
floor area by more than 15% from the depicted on the site plan date stamped 
October 27, 2022, a minimum 6-foot-wide sidewalk shall be provided along the 
south side of McDowell Road and be detached with a minimum 10-foot-wide 
landscaped strip located between the back of the sidewalk and back of curb, as 
approved by the Planning and Development Department. The landscape strip 
will be planted with minimum 2-inch caliper trees planted 20 feet on center or in 
equivalent groupings with five 5-gallon shrubs per tree. Where utility conflict 
exists, the developer shall work with the Planning and Development Department 
on alternative design solutions consistent with a pedestrian environment.   
 
 
9. 
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. 
 
 
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 
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. 
 
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 
 
THAT PORTION OF THE SECTION 2, TOWNSHIP 1 NORTH, RANGE 1 EAST, GILA 
AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE 
PARTICULARLY DESCRIBED AS FOLLOWS: 
 
LOT 1, LEGACY SUITES APARTMENTS, ACCORDING TO BOOK 651 OF MAPS, 
PAGE 36, RECORDS OF MARICOPA COUNTY, ARIZONA. 
 
EXCEPT THE SOUTH 10.00 FEET OF THE NORTH 65.00 FEET OF THE EAST 
343.65 FEET AS CONVEYED TO THE CITY OF PHOENIX ON APRIL 30, 2009 IN 
DOCUMENT NO. 2009-0382824 OF OFFICIAL RECORDS.