Attachment A - PHO Ordinance - PHO-1-26--Z-92-23-8.pdf
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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 STIPULATIONS
APPLICABLE TO REZONING APPLICATION Z-92-23-8
PREVIOUSLY APPROVED BY ORDINANCE G-7285.
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning stipulations applicable to the site located at the
southeast corner of 19th Avenue and Baseline Road in a portion of the northwest
quarter of Section 6, Township 1 South, Range 3 East, as described more specifically
in Exhibit A and depicted in Exhibit B, are hereby modified to read as set forth below.
STIPULATIONS:
OVERALL SITE
1.
THE DEVELOPMENT SHALL BE IN GENERAL CONFORMANCE WITH THE
SITE PLAN, ELEVATIONS AND LANDSCAPE PLAN DATE STAMPED
FEBRUARY 27, 2026, AS MODIFIED BY THE FOLLOWING STIPULATIONS AND
APPROVED BY THE PLANNING AND DEVELOPMENT DEPARTMENT.
The conceptual site plan, elevations, and landscape plan for future development
of the site shall be reviewed and approved by the Planning Hearing Officer
through the public hearing process, including review by the South Mountain Village
Planning Committee, for stipulation modification prior to preliminary site plan
approval. This is a legislative review for conceptual purposes only. Specific
development standards and requirements will be determined by the Planning
Hearing Officer and the Planning and Development Department.
2.
THE DEVELOPER SHALL SUBMIT A COMPREHENSIVE SIGN PLAN, AS
REVIEWED AND APPROVED BY THE PLANNING AND DEVELOPMENT
DEPARTMENT.
3.
2.
The sidewalk along Baseline Road shall be a minimum of 6 feet in width and
detached with a minimum 10-foot-wide landscape strip located between the
sidewalk and back of curb and planted to the following standards, as approved by
the Planning and Development Department.
a.
Minimum 2-inch caliper, single-trunk, large canopy, drought-tolerant, shade
trees planted 20 feet on center, or in equivalent groupings, that provide
shade to a minimum 50.
b.
Drought tolerant vegetation to achieve a minimum of 75% live coverage.
Where utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions consistent with a
pedestrian environment for installing the required plants.
4.
3.
The sidewalk along 19th Avenue shall be a minimum of 6 feet in width and
detached with a minimum 10-foot-wide landscape strip located between the
sidewalk and back of curb and planted to the following standards, as approved by
the Planning and Development Department.
a.
Minimum 2-inch caliper, single-trunk, large canopy, drought-tolerant, shade
trees planted 20 feet on center, or in equivalent groupings, that provide
shade to a minimum 50 percent.
b.
Drought tolerant vegetation to achieve a minimum of 75% live coverage.
Where utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions consistent with a
pedestrian environment for installing the required plants.
5.
4.
The sidewalk along South Mountain Avenue shall be minimum of 5 feet m width
and detached with a minimum 5-foot-wide landscape strip located between the
sidewalk and back of curb and planted with minimum 2-inch caliper, single-trunk,
large canopy, drought-tolerant, shade trees planted 20 feet on center, or in
equivalent groupings, that provide shade to a minimum 50%, 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 for installing the required plants.
6.
5.
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.
7.
6.
A 30-foot-wide multi-use trail easement (MUTE) shall be dedicated along the
south side of Baseline Road and a minimum 10-foot-wide multi-use trail (MUT)
shall be constructed within the easement in accordance with the MAG
supplemental detail and as approved or modified by the Planning and
Development Department.
8.
7.
A 30-foot-wide multi-use trail easement (MUTE) shall be dedicated along the north
side of South Mountain Avenue and a minimum 10-foot-wide multi-use trail (MUT)
shall be constructed within the easement in accordance with the MAG
supplemental detail and as approved or modified by the Planning and
Development Department.
9.
8.
A minimum of 5.25 acres shall be reserved for open space, as shown on the
conceptual landscape plan date stamped November 13, 2023.
10.
9.
Where pedestrian walkways cross a vehicular path, the pathway shall be
constructed of decorative pavers, stamped or colored concrete, or other pavement
treatments that visually contrasts parking and drive aisle surfaces, as approved by
the Planning and Development Department.
11.
10.
All perimeter walls visible from street right-of-way shall include material and/or
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.
12.
11.
A minimum of two green infrastructure (GI) techniques for stormwater
management shall be implemented per the Greater Phoenix Metro Green
Infrastructure and Low-Impact Development Details for Alternative Stormwater
Management, as approved or modified by the Planning and Development
Department.
13.
12.
Commercial landscaping and common areas shall be maintained by permanent
and automatic/water efficient WaterSense labeled irrigation controllers or similar
smart controller to minimize maintenance and irrigation water consumption for all
on and offsite landscape irrigation.
14.
13.
Natural turf shall only be utilized on individual single-family lots (behind the front
yard); required retention areas (bottom of basin), and functional turf areas located
on properties for uses such as parks and residential common areas, as approved
by the Planning and Development Department.
15.
14.
A minimum 50 feet of right-of-way shall be dedicated for the east side of 19th
Avenue, adjacent to the development.
16.
15.
A minimum 30 feet of right-of-way shall be dedicated for the north side of South
Mountain Avenue, adjacent to the development.
17.
16.
A minimum 50 feet of right-of-way shall be dedicated for the full width of all public
local streets, internal to the development.
18.
17.
A minimum 5-foot-wide sidewalk shall be constructed on both sides of all public
local streets.
19.
18.
Right-of-way shall be dedicated for the connection of the internal road network to
Gary Way on the southeastern boundary of the site.
20.
19.
Crosswalks shall be placed across internal roadways separating residential and
commercial land at significant pedestrian crossings, as determined by the Street
Transportation Department.
21.
20.
Improvements to Baseline Road shall be consistent with the Arterial CM cross
section including the construction of a raised median.
22.
21.
A Traffic Impact Analysis (TIA) shall be submitted to the City for this development.
No preliminary approval of plans shall be granted until the study is reviewed and
approved by the Street Transportation Department. The TIA shall include signal
warrant analysis for 19th Avenue and South Mountain Avenue. If the approved
TIA determines that a signal is warranted at this intersection, the developer shall
be required to fund 100% of the cost and construct the signal. If the TIA does not
warrant the signal, the developer shall be required contribute 25% of traffic signal
cost in an escrow account to the Street Transportation Department.
23.
22.
All existing electrical utilities within the public right-of-way shall be undergrounded,
adjacent to the development. The developer shall coordinate with the affected
utility companies for their review and permitting.
24.
23.
Existing SRP facilities along 19th Avenue are to be relocated outside of City right-
of-way. Contact SRP to identify existing land rights and establish the appropriate
process to relocate the facility. Relocations that require additional dedications or
land transfer require completion prior to obtaining plat and/or civil plan review
approval.
25.
24.
Replace unused driveways with sidewalk, curb, and gutter. Also, replace any
broken or out-of-grade curb, gutter, sidewalk, and curb ramps on all streets and
upgrade all off-site improvements to be in compliance with current ADA
guidelines.
26.
25.
All streets within and adjacent to the development shall be constructed 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.
27.
26.
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.
28.
27.
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.
29.
28.
Prior to final 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.
C-2, R-3, AND R-4 ZONED SITES (Commercial and Multifamily)
30.
29.
All uncovered surface parking spaces shall be shaded to achieve a minimum 25%
shade with either structural shade, minimum 2-inch caliper size, single-trunk, large
canopy, drought-tolerant, shade trees, or a combination of the two, as approved
by Planning and Development Department.
31.
30.
A minimum of 2% of the required parking spaces shall include EV Installed
infrastructure. A minimum of 5% of the required parking spaces shall include EV
Capable spaces.
32.
31.
Site lighting shall be provided at building entrances/exits, and in public assembly
and parking areas, as approved by the Planning and Development Department.
33.
32.
All public and private pedestrian pathways including sidewalks shall be shaded to
a minimum 75%, as approved by the Planning and Development Department.
34.
33.
Pressure regulating sprinkler heads and drip lines shall be utilized in any turf
areas to reduce water waste.
35.
34.
Only landscape materials listed in the Phoenix Active Management Area Low-
Water-Use/Drought-Tolerant Plant List shall be utilized, as approved or modified
by the Planning and Development Department.
C-2 ZONED SITES
36.
35.
Drive-through windows adjacent to a perimeter street shall be screened by a
minimum four-foot-tall mound, or other comparable screening, as approved by the
Planning and Development Department.
37.
36.
Bicycle parking spaces shall be provided per the requirements of Section 1307.H
of the Phoenix Zoning Ordinance through inverted U and/or artistic racks located
near the office and installed per the requirements of Section 1307.H of the
Phoenix Zoning Ordinance. Artistic racks shall adhere to the City of Phoenix
Preferred Designs in Appendix K of the Comprehensive Bicycle Master Plan.
38.
37.
Bicycle parking spaces shall be shaded by a structure, landscaping, or a
combination of the two to provide a minimum of 75% shade, as approved by the
Planning and Development Department.
39.
A minimum of 5% of the provided bicycle parking spaces shall include standard
38.
electrical receptacles for electric bicycle charging capabilities, as approved by the
Planning and Development Department.
40.
39.
Prior to final site plan approval, documentation shall be provided that
demonstrates a commitment to participate in the Water Efficiency Checkup
program for a minimum of 15 years, or as approved by the Planning and
Development Department.
R-3 AND R-4 ZONED SITES (Multifamily)
41.
40.
Bicycle infrastructure shall be provided as described below, located in open space
areas, near entrances of buildings, or in a secure location inside the building and
installed per the requirements of Section 1307.H of the Phoenix Zoning
Ordinance. Bicycle parking spaces shall be provided through inverted U and/or
artistic racks. Artistic racks shall adhere to the City of Phoenix Preferred Designs
in Appendix K of the Comprehensive Bicycle Master Plan, as approved by the
Planning and Development Department.
a.
The developer shall provide secure bicycle parking per Section 1307 of the
Zoning Ordinance.
b.
Guest bicycle parking shall be provided at a minimum rate of 0.05 spaces per
dwelling unit, up to a maximum of 50 spaces required.
c.
A 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, but not be limited to:
i.
Standard repair tools affixed to the station;
ii.
A tire gauge and pump affixed to the base of the station or the ground;
iii.
A bicycle repair stand which allows pedals and wheels to spin freely
while making adjustments to the bike.
42.
41.
A minimum of 10% of the provided bicycle parking spaces shall include standard
electrical receptacles for electric bicycle charging capabilities, as approved by the
Planning and Development Department.
R-3 ZONED SITES
43.
42.
Perimeter fencing adjacent to 19th Avenue shall be a minimum of 50% open view
fencing, as approved by the Planning and Development Department.
44.
43.
Buildings adjacent to 19th Avenue shall have units oriented towards 19th Avenue
and shall include individual porches or patios.
45.
44.
The maximum building height shall be limited to two stories or 30 feet.
R-3 ZONED SITES
46.
45.
The maximum building height shall be limited to two stories or 30 feet.
47.
46.
The development within the R-4 area shall be limited to a maximum of 360 units.
R1-10 ZONED SITES
48.
47.
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, or other materials to provide a
decorative and aesthetic treatment.
b.
A minimum of 50% of the elevations for each floor plan shall provide a
covered front porch in the front yard with a minimum of 60 square feet in
area at a depth of at least 6 feet. No porch shall terminate within the plane of
a door or window.
c.
Pitched roofs shall be provided on all building elevations.
49.
48.
The maximum building height shall be limited to one story or 24 feet.
50.
49.
Lots along the south perimeter shall be a minimum of 160 feet in depth.
51.
50.
Lots shall be a minimum of 75 feet in width.
52.
51.
Prior to preliminary plat approval, documentation shall be provided that
demonstrates participation in the Environmental Protection Agency's WaterSense
certification program, or an equivalent program, as approved by the Planning and
Development and Water Services Departments.
53.
52.
A WaterSense inspection report from a third-party verifier shall be submitted that
demonstrates successful participation in the Environmental Protection Agency's
WaterSense certification program, or an equivalent program, prior to certificate of
occupancy, as approved by the Planning and Development Department.
54.
53.
Participation in the City of Phoenix Homeowner's Association Water Efficiency
Program shall be incorporated into to Covenants, Conditions, and Restrictions for
the subdivision, prior to final site plan approval.
55.
54.
Swimming pools on individual single-family lots shall be limited to 600 square feet
in size.
56.
55.
Only landscape materials listed in the Phoenix Active Management Area Low-
Water-Use/Drought-Tolerant Plant List shall be utilized in the common areas and
within the front yards of individual residential lots, as approved or modified by the
Planning and Development Department.
R1-10, R-3, AND R-4 ZONED SITES (SINGLE-FAMILY AND MULTIFAMILY)
57.
56.
All landscape setbacks shall be planted with minimum 2-inch caliper, large
canopy, drought-tolerant trees, 20 feet on center, or in equivalent groupings, with
five 5-gallon shrubs per tree, 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 for installing the required plants.
SECTION 2. Due to the site’s specific physical conditions and the use
district granted pursuant to Ordinance G-7285, this portion of the rezoning is now
subject to the stipulations approved pursuant to Ordinance G-7285 and as modified in
Section 1 of this Ordinance. Any violation of the stipulation is a violation of the City of
Phoenix Zoning Ordinance. Building permits shall not be issued for the subject site
until all the stipulations have been met.
SECTION 3. 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 on the 26th day of August 2026.
________________________________
MAYOR
________________________________
Date
ATTEST:
_________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney
By: _________________________
_________________________
REVIEWED BY:
_________________________
Ed Zuercher, City Manager
Exhibits:
A - Legal Description (3 Pages)
B - Ordinance Location Map (1 Page)
EXHIBIT A
LEGAL DESCRIPTION FOR PHO-1-26--Z-92-23-8
The Land referred to herein below is situated in the County of Maricopa, State of
Arizona, and is described as follows:
C-2 Portion
A portion of the Northwest Quarter of Section 6, Township 1 South, Range
3 East, of the Gila and Salt River Meridian, Maricopa County, Arizona, and
more particularly described as follows:
COMMENCING at a brass cap flush at the west quarter corner of said
Section 6, from which a brass cap at the northwest corner of said Section
6, bears North 1 degrees 00 minutes 22 seconds East (BASIS OF
BEARINGS) 2,654.52feet;
Thence, along the West line of said Northwest Quarter, North 1 degrees
00 minutes 22 seconds East, 1 ,689.95 feet;
Thence, South 88 Degrees 59 Minutes 38 Seconds East, 96.34 feet, to the
POINT OF BEGINNING
Thence, North 28 Degrees 30 Minutes 33 Seconds East, 335.04 feet, to
the beginning of a tangent curve, concave to the West, having a radius of
721 .78 feet;
Thence, Northerly along said curve, through a central angle of 28 Degrees
30 Minutes
00 Seconds, and an arc length of 359.03 feet to a tangent line;
Thence, North 00 Degrees 00 Minutes 33 Seconds East, 328.03feet;
Thence, South 89 Degrees 32 Minutes 31 Seconds East, 1 ,832.00 feet;
Thence, South 00 Degrees 02 Minutes 31 Seconds West,
420.10feet; Thence, North 89 Degrees 32 Minutes 37 Seconds
west, 622.47feet,
Thence, South 00 Degrees 00 Minutes 01 Seconds West, 324.37 feet;
Thence, North 89 Degrees 59 Minutes 59 Seconds West, 94.46 feet, to
the beginning of a tangent curve, concave to the North, having a radius of
580.00 feet;
Thence, Westerly along said curve, through a central angle of 09 Degrees
56 Minutes 25 Seconds, and an arc length of 100.62 feet;
Thence, North 80 Degrees 03 Minutes 35 Seconds West, 54.01 feet, to a
non- tangent curve, concave to the West, having a radius of 600.00 feet,
the center of which bears North 81 Degrees 39 Minutes 45 Seconds West;
Thence, Southerly along said curve, through a central angle of 31 Degrees
41 Minutes 32 Seconds, and an arc length of 331.88 feet;
Thence, South 40 Degrees 01 Minutes 47 Seconds West, 104.05 feet, to
a non- tangent curve, concave to the South, having a radius of 250.00
feet, the center of which bears South 38 Degrees 05Minutes 57 Seconds
west; Thence, Westerly along said curve, through a central angle of 38
Degrees 05 Minutes 57 Seconds, and an arc length of 166.24 feet;
Thence, North 90 Degrees 00 Minutes 00 Seconds West, 613.08 feet, to
the beginning of a tangent curve, concave to the North, having a radius of
300.00 feet, the center of which bears North 00 Degrees 00 Minutes 00
Seconds East;
Thence, Westerly along said curve, through a central angle of 31 Degrees
04 Minutes 31 Seconds, and an arc length of 162.71 feet;
Thence, North 58 Degrees 55 Minutes 29 Seconds West, 99.89 feet, to the
POINT OF BEGINNING.
Said portion of land containing 1 ,521 ,483 square feet, or 34.9284 acres,
more or less, and being subject to any easements, restrictions, and/or
rights-of-ways of record or otherwise.
This description shown hereon is not to be used to violate subdivision
regulations of the State, County and/or Municipality, or any other land
division restrictions.
R-10 Portion
A portion of the Northwest Quarter of Section 6, Township 1 South,
Range 3 East, of the Gila and Salt River Meridian, Maricopa County,
Arizona, and more particularly described as follows:
COMMENCING at a brass cap flush at the west quarter corner of said
Section 6, from which a brass cap at the northwest corner of said
Section 6, bears North 1 degrees 00 minutes 22 seconds East (BASIS
OF BEARINGS) 2,654.52 feet;
Thence, along the West line of said Northwest Quarter, North 1 degrees
00 minutes 22 seconds East, 440.94 feet to the POINT OF BEGINNING;
Thence, North 01 Degrees 00 Minutes 22 Seconds East, 510.77 feet;
Thence, North 90 Degrees 00 Minutes 00 Seconds East, 705.12 feet, to
the beginning of a tangent curve, concave to the North, having a radius of
300.00 feet;
Thence, Northerly along said curve, through a central angle of 36 Degrees
25 Minutes
32 Seconds, and an arc length of 190.72 feet to a non-
tangent line; Thence, South 36 Degrees 25 Minutes 32
Seconds East, 72.84 feet; Thence, North 90 Degrees 00
Minutes 00 Seconds East, 462.78 feet;