Attachment A - Draft Ordinance - Z-56-22-4.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 ZONING ORDINANCE BY CHANGING THE ZONING 
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED 
HEREIN (CASE Z-56-22-4) FROM R1-6 (SINGLE-FAMILY 
RESIDENCE DISTRICT), R1-6 (APPROVED R-2) (SINGLE-
FAMILY RESIDENCE DISTRICT, APPROVED MULTIFAMILY 
RESIDENCE DISTRICT), R-3 (MULTIFAMILY RESIDENCE 
DISTRICT) AND 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 5.66-acre site located at the southwest 
corner of 22nd Street and Indian School Road in a portion of Section 27, Township 2 
North, Range 3 East, as described more specifically in Exhibit “A,” is hereby changed 
from 0.62-acres of “R1-6” (Single-Family Residence District), 0.24-acres of “R1-6 
Approved R-2” (Single-Family Residence District, Approved Multifamily Residence 
District), 1.00 acre of “R-3” (Multifamily Residence District), and 3.80 acres of 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 22nd & Indian School PUD reflecting 
the changes approved through this request shall be submitted to the Planning 
and Development Department within 30 days of City Council approval of this 
request. The updated Development Narrative shall be consistent with the 
Development Narrative date stamped January 27, 2023, as modified by the 
following stipulations: 
 
 
 
a. 
Front cover: Revise the date information on the cover page to the 
following:  
 
City Council Adopted: [Add Adoption Date] 
 
 
 
 
b.  
Page 7, Lot Development Standards, Maximum Density: update to 56.5 
du/gross ac 
 
 
 
 
c.  
Page 8, Landscape Standards, Landscape Planting, North (Indian School 
Road), Landscape Strip: Update first sentence to read “Minimum 11-foot-
wide Landscape Strip between back of curb and sidewalk.” 
 
 
 
2.  
 The developer shall dedicate a 10-foot-wide sidewalk easement along the south 
side of Indian School Road, as approved by the Planning and Development 
Department. 
 
 
3.  
The applicant shall submit a Traffic Impact Study to the City for this development. 
The developer shall be responsible for cost and construction of all mitigation 
identified through the analysis. No preliminary approval of plans shall be granted 
until the study is reviewed and approved by the Street Transportation 
Department. 
 
 
4. 
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. 
 
 
5. 
The property owner shall record documents that disclose the existence, and  
operational characteristics of Phoenix Sky Harbor Airport to future owners or  
tenants of the property. The form and content of such documents shall be  
according to the templates and instructions provided which have been reviewed  
and approved by the City Attorney 
 
 
6. 
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. 
 
 
7. 
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. 
 
 
8. 
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. 
 
 
9. 
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 (2 Pages) 
B – Ordinance Location Map (1 Page)

EXHIBIT A 
 
A portion of land being situated within Lot 1 of the Final Plat of “Sams Club” per Book 
458, Page 08, Records of Maricopa County, Arizona, a portion of land being situated 
within Lot 1 & 2 of the Final Plat of “Tres Agua Villas” per Book 944, Page 38, Records 
of Maricopa County, Arizona, and a portion of the Northeast quarter of Section 27, all 
being within the Northeast quarter of Section 27, Township 2 North, Range 3 East of the 
Gila and Salt River Meridian, Maricopa County, Arizona, being more particularly 
described as follows:  
 
COMMENCING at a found 3 inch City of Phoenix Brass cap flush, RLS 33374, dated 
2011, accepted as the centerline intersection of 22nd Street and Fairmount Avenue from 
which a found 3 inch City of Phoenix Brass cap flush accepted as the centerline 
intersection of 20th Street and Fairmount Avenue thereof bears  
South 89°34’03” West, 1327.67 feet; 
 
Thence North 00°00'38" West, 282.66 feet along the centerline of 22nd street to the  
POINT OF BEGINNING; 
 
Thence leaving said centerline, South 89°59'54" West, 311.82 feet to the south line of 
Parcel no. 1 and Parcel no. 2 per Special Warranty Deed as recorded in Document no. 
2015-0757528, Records of Maricopa County, Arizona; 
 
Thence along said south line, South 89°34'03" West, 154.00 feet to the west line of said 
Parcel no. 2; 
 
Thence leaving said south line and along said west line, North 00°00'02" East, 7.00 feet 
to the south line of Parcel 2 per Special Warranty Deed as recorded in Document no. 
2015-0755506, Records of Maricopa County, Arizona; 
 
Thence along said south line, South 89°34'03" West, 198.01 feet to the east line of said 
Final Plat of “Sam’s Club”; 
 
Thence 
along 
said 
east 
line 
and 
the 
northerly 
prolongation 
thereof, 
North 00°00'02" East, 368.38 feet to the centerline of Indian School Road; 
 
Thence along said centerline, North 89°31'58" East, 663.77 feet to said centerline of 
22nd Street; 
 
Thence along said centerline, South 00°00'38" East, 304.53 feet to the easterly 
prolongation of the north line of the Warranty Deed as recorded in Document no. 2009-
0673314, Records of Maricopa County, Arizona; 
 
Thence leaving said centerline and along said north line, South 89°34'03" West, 65.33 
feet to the west line of said Warranty Deed;

Thence leaving said north line and along said west line, South 00°00'38" East, 39.25 
feet to the south line of said Warranty Deed; 
 
Thence leaving said west line and along said south line and the easterly prolongation 
thereof, North 89°34'03" East, 65.33 feet to said centerline of 22nd Street; 
 
Thence along said centerline, South 00°00'38" East, 34.34 feet to the POINT OF 
BEGINNING. 
 
The above described parcel contains a computed area of 245,720 sq. ft. (5.6410 acres) 
more or less and being subject to any easements, restrictions, rights-of-way of record or 
otherwise. 
 
The description shown hereon is not to be used to violate any subdivision regulation of 
the state, county and/or municipality or any land division restrictions.