Attachment A - Draft Ordinance - Z-167-24-4.doc

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-167-24-4) FROM C-1 TOD-1 
(NEIGHBORHOOD RETAIL, INTERIM TRANSIT-ORIENTED 
ZONING OVERLAY DISTRICT ONE) TO C-2 TOD-1 
(INTERMEDIATE COMMERCIAL, INTERIM TRANSIT-ORIENTED 
ZONING OVERLAY DISTRICT ONE). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 0.57 acre property located approximately 95 
feet east of the northeast corner of 2nd Avenue and Osborn Road in a portion of 
Section 29, Township 2 North, Range 3 East, as described more specifically in Exhibit 
“A,” is hereby changed from “C-1 TOD-1” (Neighborhood Retail, Interim Transit-
Oriented Zoning Overlay District One) to “C-2 TOD-1” (Intermediate Commercial, 
Interim Transit-Oriented Zoning Overlay District One). 
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.  
Upon complete redevelopment or development that increases the cumulative 
floor area of the building by more than 15% from that depicted on the site plan 
date stamped March 11, 2025, the following shall apply: 
 
 
 
 
a.  
The frontage facing Osborn Road shall use an allowable frontage type 
per the standards of Table 1303.2 Transect T6. 
 
 
 
2. 
Where pedestrian walkways cross a vehicular path, the pathway shall 
incorporate decorative pavers, stamped or colored concrete, striping or other 
pavement treatments that visually contrast parking and drive aisle surfaces, as 
approved by the Planning and Development Department. 
 
  
 
3.  
A minimum of six bicycle parking spaces shall be installed, as per the 
requirements of Section 1307.H of the Phoenix Zoning Ordinance and as 
approved by the Planning and Development Department. 
 
 
4. 
All uncovered surface parking lot areas shall be landscaped with minimum 2-
inch caliper, large canopy, shade trees. Landscaping shall be dispersed 
throughout the parking area and achieve 25% shade, as approved by the 
Planning and Development Department. 
 
 
5. 
A minimum of 3.5% of the required parking spaces shall include Electric Vehicle 
(EV) Capable infrastructure, as approved by the Planning and Development 
Department. 
 
 
6. 
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. 
 
 
7.  
Pressure regulating sprinkler heads and/or drip lines shall be utilized in any turf 
areas to reduce water waste. 
 
 
8. 
Prior to final site plan approval, documentation shall be provided that 
demonstrates a commitment to participate in the Phoenix Water Efficiency 
Checkup program for a minimum of 10 years, or as approved by the Planning 
and Development Department.

9. 
The existing sidewalk on the north side of Osborn Road shall be detached with 
a minimum 6-foot-wide sidewalk separated by a minimum 8-foot-wide 
landscape area and planted to the following standards: 
 
 
 
 
a. 
Minimum 2-inch caliper, single-trunk, large canopy, drought-tolerant, 
shade trees planted 20-feet on center, or in equivalent groupings. 
 
 
 
 
b. 
Drought tolerant shrubs, accents and vegetative groundcovers, 
maintained to a maximum height of 24 inches to provide a minimum of 
75% live vegetative ground coverage. 
 
 
10.  
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. 
 
 
11. 
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. 
 
 
12. 
All mitigation improvements shall be constructed and/or funded, as identified in 
the accepted Traffic Impact Analysis dated February 27, 2025. 
 
 
13. 
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. 
 
 
14.  
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 3rd day of September, 
2025.

________________________________ 
 
 
 
    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 (1 Page) 
B – Ordinance Location Map (1 Page)

EXHIBIT A 
 
 
LEGAL DESCRIPTION FOR Z-167-24-4 
 
APN: 118-32-041 
 
 
SECTION 29/TOWNSHIP 2N/RANGE 3E 
 
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF 
MARICOPA, STATE OF ARIZONA AND IS DESCRIBED AS FOLLOWS: 
 
THE EAST HALF OF LOT 19, LANE SUBDIVISIONS, ACCORDING TO THE PLAT 
RECORDED IN BOOK 3 OF MAPS, PAGE 21, RECORDS OF MARICOPA COUNTY, 
ARIZONA 
 
EXCEPT THE SOUTH 10 FEET THEREOF.

EXHIBIT B –  
 MAP NOT AVAILABLE