Attachment A - Draft Ordinance - PHO-1-20_Z-70-18-4.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-70-18-4 PREVIOUSLY APPROVED BY 
ORDINANCE G-6565. 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning stipulations applicable located approximately 
170 feet south of the southwest corner of 17th Street and Glenrosa Avenue in a portion 
of Section 22, Township 2 North, Range 3 East, as described more specifically in 
Attachment “A”, are hereby modified to read as set forth below.  
STIPULATIONS: 
1. 
The architecture, design, color, and building materials shall be compatible for 
all of the buildings within the development, as approved by the Planning and 
Development Department. 
 
 
2. 
Each new unit shall provide a covered entryway, as approved by the 
Planning and Development Department. 
 
 
3. 
Pedestrian connections shall be provided to the street and from the existing 
building to the new buildings. All pedestrian walkways shall consist of a 
contrasting material such as decorative pavers, stamped or colored concrete, 
or another contrasting material, other than those used to pave the parking 
surfaces and drive aisles, as approved by the Planning and Development 
Department. 
 
 
4. 
There shall be a minimum 5-foot-wide detached sidewalk along 17th Street 
with a minimum 5-foot-wide landscaped strip located between the sidewalk 
and back of curb PLANTED WITH GROUNDCOVER OR SHRUBS AT A

MINIMUM and shall include a minimum 2-inch caliper shade trees planted a 
minimum of 20 feet on center or equivalent groupings along both sides of the 
sidewalk, as approved OR MODIFIED by the Planning and Development 
Department. 
 
 
5. 
Minimum 3-inch caliper trees, planted 20 feet on center, or in equivalent 
groupings, shall be planted along the side yards adjacent to residential 
zoning to provide screening for adjacent residences, as approved by the 
Planning and Development Department. 
 
 
5. 
6. 
The developer shall install secured bicycle parking at 0.25 spaces for each 
residential unit and a minimum of four inverted U-bicycle racks for guests 
located near entrances to the building, installed per the requirements of 
Section 1307.H. of the Zoning Ordinance, as approved by the Planning and 
Development Department. 
 
 
6. 
7. 
The surface parking lot area shall be landscaped with a minimum 2-inch 
caliper shade trees. Landscaping must be dispersed throughout the parking 
area, as approved by Planning and Development Department. 
 
 
7. 
8. 
The developer shall construct all streets within and adjacent to the 
development 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. 
 
 
8. 
9. 
The property owner shall record documents that disclose the existence and 
operational characteristics of Phoenix Sky Harbor International Airport (PHX) 
to future owners or tenants of the property. The form and content of such 
documents shall be according to the templates and instructions provided. 
 
 
9. 
10. 
If determined necessary by the Phoenix Archaeology Office, the applicant 
shall conduct Phase I data testing and submit an archaeological survey 
report of the development area for review and approval by the City 
Archaeologist prior to clearing and grubbing, landscape salvage, and/or 
grading approval. 
 
 
10. 
11. 
If Phase I data testing is required, and if, upon review of the results from the 
Phase I data testing, the City Archaeologist, in consultation with a qualified 
archaeologist, determines such data recovery excavations are necessary, the 
applicant shall conduct Phase II archaeological data recovery excavations.  
 
 
11. 
12. 
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 property assess the materials. 
 
 
12.
13. 
The development shall be limited to two stories and 30 feet.

13. 
14. 
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 record. 
 
SECTION 2. Due to the site’s specific physical conditions and the use 
district granted pursuant to Ordinance G-6565, this portion of the rezoning is now 
subject to the stipulations approved pursuant to Ordinance G-6565 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 18th day of November, 
2020. 
 
 
 
 
________________________________ 
MAYOR  
 
 
 
ATTEST: 
 
 
____________________________City Clerk 
 
 
APPROVED AS TO FORM: 
 
____________________________City Attorney

REVIEWED BY:  
 
____________________________City Manager 
 
Exhibits: 
A - Legal Description (1 Page) 
B - Ordinance Location Map (1 Page)

EXHIBIT A 
 
LEGAL DESCRIPTION FOR PHO-1-20-- Z-70-18-4 
 
THAT PART OF THE A PORTION OF THE SOUTHWEST QUARTER OF SECTION 
22, TOWNSHIP 2 NORTH, RANGE 3 EAST OF THE GILA AND SALT RIVER BASE 
AND MERIDIAN, MARICOPA COUNTY, ARIZONA DESCRIBED AS FOLLOWS: 
 
BEGINNING AT THE SOUTHWEST QUARTER CORNER OF SAID SECTION 22; 
THENCE NORTH 89 DEGREES 35 MINUTES 31 SECONDS EAST, ALONG THE 
SOUTH LINE OF SAID SECTION 22, A DISTANCE OF 659.80 FEET AND THE 
MONUMENT LINE OF INDIAN SCHOOL ROAD; 
 
THENCE LEAVING SAID MONUMENT LINE NORTH 00 DEGREES 15 MINUTES 34 
SECONDS EAST A DISTANCE OF 1148.30 FEET ALONG THE MONUMENT OF 
17TH STREET; 
 
THENCE LEAVING SAID MONUMENT SOUTH 89 DEGREES 29 MINUTES 47 
SECOND WEST A DISTANCE OF 25.00 FEET TO A POINT ON THE WEST RIGHT 
OF WAY OF SAID 17TH STREET SAID POINT ALSO BEING THE TRUE OF 
BEGINNING; 
 
THENCE SOUTH 00 DEGREES 15 MINUTES 34 SECONDS WEST A DISTANCE OF 
85.79 FEET; 
 
THENCE SOUTH 89 DEGREES 29 MINUTES 56 SECONDS WEST A DISTANCE OF 
298.10 FEET; 
 
THENCE NORTH 00 DEGREES 16 MINUTES 32 SECONDS EAST A DISTANCE OF 
163.78 FEET; 
 
THENCE SOUTH 89 DEGREES 29 MINUTES 47 SECONDS EAST A DISTANCE OF 
168.00 FEET; 
 
THENCE SOUTH 00 DEGREES 16 MINUTES 32 SECONDS WEST A DISTANCE OF 
78.00 FEET; 
 
THENCE NORTH 89 DEGREES 29 MINUTES 47 SECONDS EAST A DISTANCE OF 
130.08 FEET TO A POINT ON THE WEST RIGHT OF WAY OF 17TH STREET SAID 
POINT ALSO BEING THE TRUE POINT OF BEGINNING.