Attachment A - Draft Ordinance - PHO-1-26--Z-39-21-6.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 STIPULATIONS 
APPLICABLE TO REZONING APPLICATION Z-39-21-6 
PREVIOUSLY APPROVED BY ORDINANCE G-6908 
 
____________ 
 
 
 
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 
approximately 830 feet north of the northeast corner of 44th Street and Osborn Road 
in a portion of Section 30, Township 2 North, Range 4 East, as described more 
specifically in Exhibit A and depicted in Exhibit B, are hereby modified to read as set 
forth below.  
STIPULATIONS: 
1. 
The development shall be in general conformance with the elevations date 
stamped June 14, 2021, as modified by the following stipulations and approved 
by the Planning and Development Department. 
 
2. 
The public sidewalk along 44th Street shall be detached with a landscape strip 
located between the sidewalk and back of curb following the most recent Cross 
Section of the Street Classification Map and planted to the following standards, 
as approved by the Planning and Development Department. 
 
a. 
Minimum 2-inch caliper shade trees that provide a minimum 75 percent 
shade at maturity. 
 
b. 
Drought tolerant vegetation maintained at a maximum mature height of 
24 inches and achieve minimum 75 percent live coverage.

3. 
A minimum 20-foot landscape setback shall be required adjacent to 44th Street 
and shall include large canopy shade trees 20 feet on center or in equivalent 
groupings between the sidewalk and proposed site development, as approved 
by the Planning and Development Department. Twenty-five percent of the trees 
shall be minimum four-inch caliper and 75 percent of the trees shall be 
minimum three-inch caliper. Five, five-gallon shrubs per tree, and additional 
shrubs or live groundcover, shall provide minimum 75 percent live cover at 
mature size, as approved by the Planning and Development Department. 
 
4. 
A minimum 4-foot landscape setback shall be required along the eastern 
property line. This setback shall be planted with minimum 8-foot-tall shrubs or 
plants to provide a tall vegetative buffer from adjacent single-family residences 
to the east, as approved by the Planning and Development Department. 
 
5. 
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 25 percent shade at maturity, as 
approved by Planning and Development Department. Shade may be provided 
with a combination of trees and structural shade. 
 
6. 
There shall be no internally lit signs on the site., EXCEPT ROUTED FACE 
SIGNS WITH TEXT-ONLY ILLUMINATION. THE SIGNS SHALL BE IN 
GENERAL CONFORMANCE WITH THE APPLICATION DATED MARCH 11, 
2026, TO INCLUDE BRIGHTNESS AND NUMBER OF SIGNS. THE SIGNS 
SHALL NOT BE ILLUMINATED FROM 10:00 P.M. UNTIL SUNRISE. Signage 
shall be approved by the Planning and Development Department.  
 
7. 
A minimum of four bicycle parking spaces shall be provided through Inverted U 
and/or artistic racks located near building entrances and installed per the 
requirements of Section 1307.H. of the Phoenix Zoning Ordinance, 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. 
 
8. 
Clearly defined, accessible pedestrian pathways shall be provided to connect 
building entrances and public sidewalks, using the most direct route for 
pedestrians, as approved by the Planning and Development Department. 
 
9. 
Where pedestrian pathways cross drive aisles, they shall be constructed of 
decorative pavers, stamped or colored concrete, or other pavement treatments 
that visually contrast with the adjacent parking and drive aisle surfaces, as 
approved by the Planning and Development Department. 
 
10. 
Trees shall be placed to provide 75 percent shade coverage on all pedestrian 
paths and sidewalks at full maturity, as approved by the Planning and 
Development Department. Shade structures may be used to meet the shade 
requirement in places where trees are unable to be located. 
 
11. 
The developer shall record a cross-access agreement for any shared access 
drives along 44th Street.

12. 
The developer shall dedicate a 10-foot sidewalk easement and construct a 
minimum 5-foot-wide sidewalk and landscape strip along 44th Street, as 
approved by the Planning and Development Department. 
 
13. 
The developer shall construct all streets within and adjacent to the development 
with paving, curb, gutter, sidewalk, curb ramps, streetlights, landscaping and 
other incidentals, as per plans approved by the Planning and Development 
Department. All improvements shall comply with the current ADA Guidelines. 
 
14. 
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. 
 
15. 
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 the record. 
 
SECTION 2. Due to the site’s specific physical conditions and the use 
district granted pursuant to Ordinance G-6908, this portion of the rezoning is now 
subject to the stipulations approved pursuant to Ordinance G-6908 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, this 9th day of September 
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 (1 Page) 
B - Ordinance Location Map (1 Page)

EXHIBIT A 
 
LEGAL DESCRIPTION FOR PHO-1-26—Z-39-21-6 
 
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF 
MARICOPA, STATE OF ARIZONA, AND IS DESCRIBED AS FOLLOWS: 
  
TRACT 'A' OF RANCHO VENTURA PER MCR 60-37 3609 N. 44TH STREET, 
PHOENIX, AZ 85018  
  
SITUATED IN SECTION 30, T.2N., R.4E., OF THE G&S.R.B.&M., CITY OF 
PHOENIX, MARICOPA COUNTY, ARIZONA