Attachment A - Draft Ordinance - Z-SP-7-23-6.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 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-SP-7-23-6) FROM C-2 (INTERMEDIATE 
COMMERCIAL) AND P-1 (PENDING C-2) (PASSENGER 
AUTOMOBILE PARKING, LIMITED, PENDING INTERMEDIATE 
COMMERCIAL) TO C-2 SP (INTEREDIATE COMMERCIAL, 
SPECIAL PERMIT). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 0.75-acre site located at approximately 210 
feet west of the southwest corner of 10th Street and Pasadena Avenue in a portion of 
Section 16, Township 2 North, Range 3 East, as described more specifically in Exhibit 
“A,” is hereby changed from 0.43-acres of “C-2” (Intermediate Commercial) and 0.32-
acres of “P-1 (Pending C-2)” (Passenger Automobile Parking, Limited, Pending 
Intermediate Commercial) to “C-2 SP” (Intermediate Commercial, Special Permit) to 
allow automobile sales/display and underlying C-2 commercial uses.

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 required landscape setback adjacent to the east property line shall be 
planted with minimum 2-inch caliper trees planted 20 feet on center, or in 
equivalent groupings, as approved by the Planning and Development 
Department. 
 
 
2. 
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. 
 
 
3. 
All streets within and adjacent to the development shall be constructed with 
paving, curb, gutter and 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. 
 
 
4. 
Where pedestrian walkways cross a vehicular path, the pathway shall be 
constructed of decorative pavers, stamped or colored concrete, or other 
pavement treatments that visually contrasts parking and drive aisle surfaces, as 
approved by the Planning and Development Department. 
 
 
5. 
Only landscape materials listed in the Phoenix Active Management Area Low-
Water-Use/Drought-Tolerant Plant List shall be utilized, as approved or 
modified by the Planning and Development Department. 
 
 
6. 
Landscaping shall be maintained by permanent and automatic/water efficient 
WaterSense labeled irrigation controllers (or similar smart controller) to 
minimize maintenance and irrigation water consumption for all on and offsite 
landscape irrigation. 
 
 
7. 
A minimum of two green infrastructure (GI) techniques for stormwater 
management shall be implemented per the Greater Phoenix Metro Green

Infrastructure and Low-Impact Development Details for Alternative Stormwater 
Management, as approved or modified by the Planning and Development 
Department. 
 
 
8. 
In the event archeological 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 Archeologist, and allow time for the 
Archeology Office to properly assess the materials. 
 
 
9. 
Prior to final site plan approval, the landowner shall execute 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 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-SP-7-23-6 
 
WITHIN A PORTION OF SECTION 16, TOWNSHIP 2 NORTH, RANGE 3 EAST OF 
THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, 
ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 
 
PARCEL NO. 1: 
LOT FOUR (4), BLOCK SIX (6), SMITH PLACE, ACCORDING TO THE PLAT OF 
RECORD IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, 
ARIZONA, RECORDED IN BOOK 20 OF MAPS, PAGE 2. 
 
PARCEL NO. 2: 
LOT FIVE (5) AND PART OF LOT SIX (6), SMITH PLACE, ACCORDING TO THE 
PLAT OF RECORD IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA 
COUNTY, ARIZONA, RECORDED IN BOOK 20 OF MAPS, PAGE 2 DESCRIBED AS 
FOLLOWS: 
 
BEGINNING AT THE NORTHWEST CORNER OF LOT 6; 
THENCE SOUTH 110.23 FEET; 
THENCE EAST PARALLEL TO THE SOUTH LINE OF LOT 6, .35 FEET, MORE OR 
LESS, TO THE WEST WALL OF EXISTING BUILDING LOCATED ON SAID LOT 6; 
THENCE NORTH ALONG THE WEST WALL OF SAID BUILDING AND THE 
NORTHERLY PROLONGATION THEREOF, 110.23 FEET TO THE NORTH LINE OF 
LOT 6; 
THENCE WEST .35 FEET, MORE OR LESS, TO THE POINT OF BEGINNING; 
EXCEPT THE SOUTH 7 FEET OF LOT 5.