Attachment A - Draft Ordinance- Z-17-23-5.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 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-17-23-5) FROM PSC (PLANNED SHOPPING 
CENTER) TO PUD (PLANNED UNIT DEVELOPMENT). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 4.02-acre site located at the northwest 
corner of 81st Avenue and McDowell Road in a portion of Section 35, Township 2 
North, Range 1 East, as described more specifically in Exhibit “A,” is hereby changed 
from “PSC” (Planned Shopping Center) to “PUD” (Planned Unit Development). 
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. 
An updated Development Narrative for the Zen @ McDowell PUD reflecting the 
changes approved through this request shall be submitted to the Planning 
Department within 30 days of City Council approval of this request. The 
updated Development Narrative shall be consistent with Development Narrative 
date stamped April 19, 2024, as modified by the following stipulations: 
 
 
 
a. 
Update the cover page with the City Council adoption date. 
 
 
 
 
b. 
Page 11, Development Standards table, Maximum Building Setbacks, 
Secondary Frontage (81st Avenue): Revise both bullet points to change 
each instance of "should" to "shall". 
 
 
 
 
c. 
Page 12 - 13, Streetscape Standards table, 81st Avenue: Revise first 
sentence of the 81st Avenue standard to state “Landscape strip located 
between back of curb and sidewalk will include a 3-foot landscape strip 
along 81st Avenue” and revise the second sentence to state “Landscape 
strip planting standards:” 
 
 
2. 
The developer shall modify the median on McDowell Road to accommodate the 
eastbound to northbound left turn on 81st Avenue, as approved by the Street 
Transportation Department.  
 
 
3. 
The existing streetscape beginning at the back of curb shall be replenished with 
general landscaping and trees along McDowell Road, as approved by the 
Planning and Development Department.  
 
 
4. 
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.  
 
 
5. 
An enhanced pedestrian connection shall be provided on the western site 
boundary to allow for direct pedestrian access to the adjacent future 
commercial development.  
 
 
6. 
An enhanced pedestrian connection shall be provided on the southern site 
boundary to allow for direct pedestrian access to the adjacent transit stop.  
 
 
7. 
The development shall be limited to no more than two ingress and two egress 
vehicular access points to 81st Avenue.

8. 
The developer shall dedicate right-of-way and construct a bus stop pad on 
westbound McDowell Road. The bus stop pad shall be constructed according 
to City of Phoenix Standard Detail P1260 with a minimum depth of 10 feet. The 
bus stop pad shall be spaced from 81st Avenue according to City of Phoenix 
Standard Detail P1258. Trees shall be placed to provide 50 percent shade 
coverage to the bus stop pad. 
 
 
9. 
The property owner shall record documents that disclose the existence and 
operational characteristics of Glendale Municipal 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. 
 
 
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. 
 
 
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. 
 
 
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 properly assess the materials. 
 
 
13. 
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. 
 
 
14. 
Signage for pedestrian crossings shall be provided at the ingress and egress 
points along 81st Avenue. 
 
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 1st day of July, 2024.  
 
 
 
 
________________________________ 
 
 
 
       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-17-23-5 
 
THE EAST 264.00 FEET OF THE SOUTH HALF OF THE SOUTHWEST QUARTER 
OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 2 NORTH, RANGE 1 
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 IN HANDHOLE (0.70’ DOWN) MARKING 
THE SOUTHWEST CORNER OF SAID SECTION 35 FROM WHICH A 3-INCH BRASS 
CAP IN HANDHOLE (0.70’ DOWN) MARKING THE SOUTH QUARTER CORNER OF 
SAID SECTION 35 BEARS NORTH 88 DEGREES 50 MINUTES 11 SECONDS EAST 
2641.17 FEET, SAID LINE BEING THE BASIS OF BEARINGS FOR THIS 
DESCRIPTION; 
 
THENCE NORTH 88 DEGREES 50 MINUTES 11 SECONDS EAST 1056.46 FEET 
ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER TO THE WEST LINE 
OF THE EAST 264.00 FEET OF THE SOUTH HALF OF THE SOUTHWEST 
QUARTER OF THE SAID SOUTHWEST QUARTER AND THE POINT OF 
BEGINNING; 
 
THENCE NORTH  00 DEGREES 35 MINUTES 59 SECONDS EAST 660.32 FEET 
ALONG SAID WEST LINE TO THE NORTH LINE OF SAID SOUTH HALF; 
THENCE NORTH 88 DEGREES 48 MINUTES 43 SECONDS EAST 264.13 FEET 
ALONG SAID SOUTH LINE TO THE EAST LINE OF THE SOUTH HALF OF THE 
SOUTHWEST QUARTER OF SAID SOUTHWEST QUARTER; 
 
THENCE SOUTH 00 DEGREES 35 MINUTES 59 SECONDS WEST 660.43 FEET 
ALONG SAID EAST LINE TO THE TO THE SOUTH LINE OF SAID SOUTHWEST 
QUARTER; 
 
THENCE SOUTH 88 DEGREES 50 MINUTES 11 SECONDS WEST 264.13 FEET 
ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. 
 
COMPRISING 174,338 SQUARE FEET, MORE OR LESS.