Attachment A - Draft Ordinance - Z-198-25-6.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-198-25-6) FROM R1-10 (SINGLE-FAMILY
RESIDENCE DISTRICT) TO R-O (RESIDENTIAL OFFICE –
RESTRICTED COMMERCIAL).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 0.35-acre site located approximately 100 feet
south of the southeast corner of 44th Street and Clarendon Avenue in a portion of
Section 30, Township 2 North, Range 4 East, as described more specifically in Exhibit
“A,” is hereby changed from “R1-10” (Single-Family Residence District) to “R-O”
(Residential Office – Restricted Commercial).
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 elevations date
stamped March 27, 2026, as modified by the following stipulations and
approved by the Planning and Development Department.
2.
A minimum 40-foot building setback, measured from the property line, shall be
provided along the east perimeter of the site.
3.
A minimum 5-foot landscape setback shall be provided along the east
perimeter of the site, as generally shown on the site plan date stamped June
10, 2026, planted with minimum 2-inch caliper, single-trunk, large canopy,
shade trees planted 20 feet on center, or in equivalent groupings.
4.
There shall be no internally lit signs on the site.
5.
Bicycle parking shall be provided, consistent with the requirements of Section
1307.H of the Phoenix Zoning Ordinance.
6.
A minimum of 10% of the required vehicle parking spaces shall include EV
Capable infrastructure.
7.
All bicycle infrastructure and pedestrian pathways, including sidewalks, 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.
8.
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 located on properties for uses such as parks, schools, and residential
common areas, as approved by the Planning and Development Department.
9.
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.
10.
A minimum of one green stormwater infrastructure (GSI) element 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.
11.
Prior to final site plan approval, documentation shall be provided that
demonstrates a commitment to participate in the City of Phoenix Business
Water Efficiency Program for a minimum of 10 years, or as approved by the
Planning and Development Department.
12.
A minimum total width of 50 feet of right-of-way shall be dedicated for the east
half of 44th Street.
13.
The sidewalk along 44th Street shall be a minimum of 6 feet in width and
detached with a minimum 9-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, shade trees planted
20 feet on center, or in equivalent groupings.
b.
Shrubs, accents and vegetative groundcovers with a maximum mature
height of three feet (excluding accents) evenly distributed throughout the
landscape area 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.
14.
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.
15.
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.
16.
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.
17.
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 (1 Page)
B – Ordinance Location Map (1 Page)
EXHIBIT A
LEGAL DESCRIPTION FOR Z-198-25-6
LOT 594 RANCHO VENTURA, TRACT NO. 22, ACCORDING TO BOOK 60 OF MAPS,
PAGE 37, LOCATED IN A PORTION OF THE NE 1/4 OF SECTION 30, TOWNSHIP 2
NORTH, RANGE 4 EAST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY, ARIZONA.