Attachment A - Draft Ordinance - Z-58-26-1.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 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-58-26-1) FROM C-2 M-R (INTERMEDIATE
COMMERCIAL, MID-RISE DISTRICT) TO C-2 DNS/WVR M-R
(INTERMEDIATE COMMERCIAL, DENSITY WAIVER, MID-RISE
DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 15.33-acre site located on the southwest
corner of I-17 and Rose Garden Lane in a portion of Section 24, Township 4 North,
Range 2 East, as described more specifically in Exhibit “A,” is hereby changed from “C-
2 M-R” (Intermediate Commercial, Mid-Rise District) to “C-2 DNS/WVR M-R”
(Intermediate Commercial, Density Waiver, Mid-Rise 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 June 15, 2026, and the building elevations date-stamped April 23,
2026, as modified by the following stipulations and approved by the Planning
and Development Department.
2.
All buildings shall be constructed to achieve a maximum interior noise level not
to exceed 45 decibels.
3.
The site shall be limited to a maximum of 336 units.
4.
All landscape setbacks adjacent to public streets, open space areas, and
retention areas shall be planted to the following standards, as approved by the
Planning and Development Department.
a.
Landscape Setbacks: Minimum 2-inch caliper, large canopy, shade
trees, planted 20 feet on center, or in equivalent groupings.
b.
Open Space/Retention Areas: Minimum 2-inch caliper, large canopy,
shade trees, planted 20 feet on center, or in equivalent groupings,
around the perimeter of the open space/retention area.
Where utility conflicts exist, the developer shall work with the Planning and
Development Department on an alternative design solution consistent with a
pedestrian environment.
5.
All bicycle infrastructure 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.
6.
A minimum of 25% of the surface parking areas shall be shaded, as approved
by the Planning and Development Department. Shade may be achieved by
structures or by minimum 2-inch caliper, drought tolerant, shade trees, or a
combination thereof.
7.
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.
8.
A minimum 6-foot-wide detached sidewalk separated by a minimum 5-foot-
wide landscape area shall be constructed on the east side of 26th Avenue and
north side of Ross Drive, adjacent the subject site. Additional sidewalks shall
also be installed within the right‑of‑way to connect with the existing sidewalk on
the east side of 26th Avenue south of the site. The landscape area shall
comply with the following standards, as approved by the Planning and
Development Department.
a.
Minimum 2-inch caliper, single-trunk, large canopy, shade trees, planted
20 feet on center, or in equivalent groupings, planted on both sides of
the sidewalk to achieve a minimum of 75% shade.
b.
A mixture of shrubs, accents, and vegetative groundcovers, maintained
to a maximum height of 3 feet (excluding accents), evenly distributed
throughout the landscape areas to achieve a minimum of 75% live
coverage.
9.
Prior to issuance of the building permit for the development, the developer shall
pay a traffic signal contribution of 25% of the total estimated construction cost
for the signalization of 27th Avenue and Runion Drive, up to a maximum of
$185,000.
10.
A signing and striping plan shall be submitted to the Street Transportation
Department to include buffered bicycle lanes along both sides of 26th Avenue,
Runion Drive between 29th Avenue and 26th Avenue, and Ross Drive east of
27th Avenue connecting the development to the Deer Valley Village Core
bicycle network. Where not already existing, “No Parking” signs shall be added
on all road segments with the proposed buffered bike lane extensions.
11.
All mitigation improvements shall be constructed and/or funded as identified in
the accepted Traffic Impact Analysis dated March 16, 2026, except for the
traffic signalization of 27th Avenue and Runion Drive, which will be funded per
Stipulation No. 9.
12.
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.
13.
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.
14.
Bicycle parking shall be provided at a minimum rate of 0.25 spaces per unit, up
to a maximum of 50 spaces, shall be provided through Inverted U and/or
artistic racks and installed per the requirements of Section 1307.H of the
Phoenix Zoning Ordinance, or through secure parking storage area/s, 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.
15.
A minimum of 10 % of the required bicycle parking spaces shall include
standard electrical receptacles for electric bicycle charging capabilities, as
approved by the Planning and Development Department.
16.
A bicycle repair station (“fix it station”) shall be provided on the site. The station
shall include but not be limited to: standard repair tools affixed to the station; a
tire gauge and pump; and a bicycle repair stand which allows pedals and
wheels to spin freely while making adjustments to the bike, as approved by the
Planning and Development Department.
17.
A minimum of 5% of the required parking spaces shall include Electric Vehicle
(EV) Installed Infrastructure, as approved by the Planning and Development
Department.
18.
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.
19.
Natural turf shall only be utilized for required retention areas (bottom of basin,
and only allowed on slopes if required for slope stabilization) and functional turf
areas, as approved by the Planning and Development Department.
20.
A leak detection device shall be installed for the irrigation system in
landscape/open space areas larger than 10,000 square feet.
21.
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 10 years, or as approved by the Planning and
Development Department.
22.
A minimum of two green stormwater infrastructure (GSI) elements for
stormwater management shall be implemented, as approved or modified by the
Planning and Development and/or Street Transportation departments. This
includes but is not limited to stormwater harvesting basins, bioswales,
permeable pavement, etc., per the Greater Phoenix Metro Green Infrastructure
and Low Impact Development Details for Alternative Stormwater Management.
23.
The property owner shall record documents that disclose the existence and
operational characteristics of Deer Valley 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.
24.
The developer shall provide a No Hazard Determination for the proposed
development from the FAA pursuant to the FAA’s Form-7460 obstruction
analysis review process, prior to construction permit approval, as per plans
approved by the Planning and Development Department.
25.
The developer shall grant and record an avigation easement to the City of
Phoenix for the site, per the content and form prescribed by the City Attorney
prior to final site plan approval.
26.
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.
27.
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.
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 9th day of September
2026.
________________________________
MAYOR
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 (2 Pages)
B – Ordinance Location Map (1 Page)
EXHIBIT A
LEGAL DESCRIPTION FOR Z-58-26-1
PARCEL NO. 1:
THAT PORTION OF LOT 2A, DEER VALLEY CORPORATE CENTER, RECORDED IN
BOOK 1450 OF MAPS, PAGE 12, RECORDS OF MARICOPA COUNTY, ARIZONA,
LYING WITHIN A PORTION OF THE SOUTHWEST QUARTER OF SECTION 24,
TOWNSHIP 4 NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A 3- INCH BRASS CAP FLUSH STAMPED "1998 LS 25406"
MARKING THE SOUTHWEST CORNER OF SAID SECTION 24, FROM WHICH A 3-
INCH CITY OF PHOENIX BRASS CAP FLUSH MARKING THE WEST QUARTER
CORNER OF SAID SECTION 24 BEARS NORTH 00 DEGREES 17 MINUTES 56
SECONDS WEST 2,654.41 FEET, SAID DESCRIBED LINE BEING THE BASIS OF
BEARINGS FOR THIS DESCRIPTION;
THENCE NORTH 00 DEGREES 17 MINUTES 56 SECONDS WEST 2,123.78 FEET
ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER TO THE
INTERSECTION OF 27TH AVENUE AND ROSS DRIVE;
THENCE NORTH 89 DEGREES 42 MINUTES 04 SECONDS EAST 403.09 FEET
ALONG THE CENTERLINE OF ROSS DRIVE TO THE SOUTHERLY
PROLONGATION OF THE WEST LINE OF SAID LOT 2A;
THENCE NORTH 00 DEGREES 18 MINUTES 35 SECONDS WEST 30.00 FEET
ALONG SAID SOUTHERLY PROLONGATION TO THE POINT OF BEGINNING;
THENCE CONTINUING NORTH 00 DEGREES 18 MINUTES 35 SECONDS WEST
423.79 FEET ALONG SAID WEST LINE TO A HALF INCH REBAR WITH YELLOW
PLASTIC CAP AND ILLEGIBLE STAMP ON THE SOUTH RIGHT OF WAY LINE OF
ROSE GARDEN LANE;
THENCE SOUTH 88 DEGREES 15 MINUTES 54 SECONDS EAST 641.87 FEET
ALONG SAID SOUTH RIGHT OF WAY LINE;
THENCE SOUTH 75 DEGREES 46 MINUTES 30 SECONDS EAST 61.82 FEET TO A
3-INCH ARIZONA DEPARTMENT OF TRANSPORTATION HIGHWAY DEPARTMENT
ALUMINUM CAP FLUSH;
THENCE SOUTH 14 DEGREES 33 MINUTES 31 SECONDS EAST 68.53 FEET TO A
3-INCH ARIZONA DEPARTMENT OF TRANSPORTATION HIGHWAY DEPARTMENT
ALUMINUM CAP FLUSH;
THENCE SOUTH 05 DEGREES 11 MINUTES 44 SECONDS WEST 900.27 FEET;
THENCE SOUTH 89 DEGREES 42 MINUTES 23 SECONDS WEST 434.89 FEET TO
THE WEST LINE OF SAID LOT 2A;
THENCE NORTH 00 DEGREES 17 MINUTES 37 SECONDS WEST 489.32 FEET
ALONG SAID WEST LINE TO A HALF INCH REBAR WITH YELLOW PLASTIC CAP
STAMPED "WOOD/PATEL 27239" AND THE BEGINNING OF A TANGENT CURVE
TO THE RIGHT HAVING A RADIUS OF 50.00 FEET;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 31 DEGREES 47 MINUTES 16 SECONDS, AN ARC LENGTH
OF 27.74 FEET TO A HALF INCH REBAR WITH YELLOW PLASTIC CAP STAMPED
"WOOD/PATEL 27239" AND THE BEGINNING OF REVERSE CURVE HAVING A
RADIUS OF 50.00 FEET;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 153 DEGREES 35 MINUTES 13 SECONDS AN ARC LENGTH
OF 134.03 FEET TO A HALF INCH REBAR WITH YELLOW PLASTIC CAP STAMPED
"WOOD/PATEL 27239" AND THE BEGINNING OF A NON TANGENT CURVE TO THE
RIGHT HAVING A RADIUS OF 50.00 FEET AND A CHORD BEARING AND
DISTANCE OF SOUTH 73 DEGREES 46 MINUTES 13 SECONDS WEST 27.30 FEET;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 31 DEGREES 41 MINUTES 14 SECONDS AN ARC LENGTH
OF 27.65 FEET TO A HALF INCH REBAR WITH YELLOW PLASTIC STAMPED
"WOOD/PATEL 27239";
THENCE SOUTH 89 DEGREES 42 MINUTES 04 SECONDS WEST 109.47 FEET TO
THE POINT OF BEGINNING;
ALSO KNOWN AS RESULTANT PARCEL NO. 3 OF LOT SPLIT DEER VALLEY
CAMPUS, ACCORDING TO THE PLAT OF RECORD IN THE OFFICE OF THE
COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK
1804 OF MAPS, PAGE 7.
PARCEL NO. 2:
AN EASEMENT FOR VEHICULAR ACCESS, INGRESS AND EGRESS AS SET
FORTH IN THE ACCESS EASEMENT AGREEMENT RECORDED NOVEMBER 19,
1997 AS 1997-0812651 OF OFFICIAL RECORDS AND FIRST AMENDMENT
RECORDED APRIL 29, 1998 AS 1998-0347701 OF OFFICIAL RECORDS OF
MARICOPA COUNTY, ARIZONA.