Attachment A - Draft Ordinance - Z-62-23-2.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-62-23-2) FROM R1-8 (SINGLE-FAMILY 
RESIDENCE DISTRICT) TO R-2 (MULTIFAMILY RESIDENCE 
DISTRICT). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 3.88-acre site located at the northeast corner 
of 14th Street and Wahalla Lane in a portion of Section 28, Township 4 North, Range 3 
East, as described more specifically in Exhibit “A,” is hereby changed from “R1-8” 
(Single-Family Residence District) to “R-2” (Multifamily Residence District). 
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 development shall be in general conformance with the site plan date 
stamped September 13, 2023, as modified by the following stipulations and 
approved by the Planning and Development Department.   
 
 
2. 
Maximum building height shall be 30 feet. 
 
 
3. 
All required landscape setbacks shall be planted with minimum 2-inch caliper 
large canopy, drought tolerant shade trees, planted 20 feet on center or in 
equivalent groupings, as approved by the Planning and Development 
Department. 
 
 
4. 
Landscape areas and retention areas shall be planted with minimum 2-inch 
caliper large canopy drought-tolerant shade trees planted 20 feet on center or 
in equivalent groupings, as approved by the Planning and Development 
Department. 
 
 
5. 
The vehicular entrances to the development shall include the following 
elements, as approved by the Planning and Development Department: 
 
 
 
a. 
Pedestrian pathways connecting the interior of the development to the 
public sidewalks along both sides of the vehicular driveway. 
 
 
 
 
b. 
The entry driveway surface shall be constructed of decorative pavers, 
stamped or colored concrete, or another material, other than those used 
to pave the parking surfaces, as approved by the Planning and 
Development Department. 
 
 
6. 
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 contrast parking and drive aisle surfaces, as 
approved by the Planning and Development Department. 
 
 
7. 
All pedestrian walkways, including sidewalks, shall be shaded by a structure, 
landscaping at maturity, or a combination of the two to provide a minimum 75% 
shade, as approved by the Planning and Development Department.  
 
 
8. 
All uncovered surface parking lot area shall be landscaped with minimum 2-
inch caliper size large canopy drought tolerant shade trees. Landscaping shall 
be dispersed throughout the parking area and achieve 25% shade at maturity, 
as approved by Planning and Development Department. 
 
 
9. 
The development shall incorporate bicycle infrastructure as described below 
and approved by the Planning and Development Department.

a. 
Bicycle parking spaces shall be provided through Inverted U and/or 
artistic racks located near the amenity area and installed per the 
requirements of Section 1307.H. of the Phoenix Zoning Ordinance. 
Artistic racks shall adhere to the City of Phoenix Preferred Designs in 
Appendix K of the Comprehensive Bicycle Master Plan. 
 
 
 
 
b. 
Guest bicycle parking shall be provided at a minimum rate of 0.05 
spaces per unit, up to a maximum of 50 spaces, located near building 
entrances and within amenity areas.  
 
 
 
 
c. 
All bicycle infrastructure shall be shaded by a structure, landscaping at 
maturity, or a combination of the two to provide minimum 75% shade, as 
approved by the Planning and Development Department. 
 
 
 
 
d. 
A bicycle repair station (“fix it station”) shall be provided and maintained 
on site within an amenity area or near a primary site entrance. The 
bicycle repair station (“fix it station”) shall be provided in an area of high 
visibility and separated from vehicular maneuvering areas, where 
applicable. The repair station shall include, but not be limited to standard 
repair tools affixed to the station, a tire gauge and pump affixed to the 
base of the station or the ground, and a bicycle repair stand which allows 
pedals and wheels to spin freely while making adjustments to the bike. 
 
 
 
 
e. 
A minimum of 10% of the required bicycle parking spaces shall include 
standard electrical receptacles for electric bicycle charging capabilities, 
as approved by the Planning and Development Department. 
 
 
10. 
A minimum of 10% of the required parking spaces shall be EV Ready and a 
minimum of 20% shall be EV Capable. 
 
 
11. 
The property owner shall record documents that disclose to prospective 
purchasers of property within the developments the existence of noise from the 
SR 101 Freeway. The form and content of such documents shall be reviewed 
and approved by the City prior to recordation. 
 
 
12. 
Prior to final site plan approval, the developer shall provide a qualified 
engineer’s report certifying the average annual interior noise exposure for any 
residential unit or enclosed public assembly area will not exceed 45 decibels, 
as approved by the Planning and Development Department. 
 
 
13. 
A noise wall shall be provided along or near the north property line, as 
approved by the Arizona Department of Transportation and the Planning and 
Development Department. 
 
 
14. 
A Red Border Letter shall be submitted to ADOT for this development prior to 
preliminary site plan approval.

15. 
Complete dedications and construct knuckle design along at the terminus of 
14th Street, as approved by the Street Transportation Department. 
 
 
16. 
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. 
 
 
17. 
The property owner shall record documents that disclose the existence, and 
operational characteristics of Deer Valley 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. 
 
 
18. 
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. 
 
 
19. 
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. 
 
 
20. 
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. 
 
 
21. 
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 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 7th day of February, 
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 (2 Pages) 
B – Ordinance Location Map (1 Page)

EXHIBIT A 
 
LEGAL DESCRIPTION FOR Z-62-23-2 
 
PARCEL 1 
THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST 
QUARTER OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 4 
NORTH, RANGE 3 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA 
COUNTY, ARIZONA. 
EXCEPT THAT PORTION, WHICH LIES NORTHERLY OF THE FOLLOWING 
DESCRIBED LINE: 
BEGINNING AT A POINT ON THE EAST LINE OF SAID SECTION 28, WHICH POINT 
BEARS SOUTH 00 DEGREES 00 MINUTES 57 SECONDS EAST 370.00 FEET FROM 
THE NORTHEAST CORNER OF SAID SECTION 28; 
THENCE NORTH 89 DEGREES 00 MINUTES 00 SECONDS WEST 1600.00 FEET TO 
THE POINT OF ENDING (ADOT PARCEL 7-4108); AND 
ALSO EXCEPT THE SOUTH 25 FEET OF THE WEST HALF OF THE NORTHWEST 
QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF 
SECTION 28, TOWNSHIP 4 NORTH, RANGE 3 EAST OF THE GILA AND SALT 
RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA; TOGETHER WITH THE WEST 
25 FEET THAT PART OF THE SOUTH 327 FEET OF SAID WEST HALF LYING 
NORTH OF THE NORTH LINE OF SAID SOUTH 25 FEET; AND TOGETHER WITH 
THAT PORTION BOUNDED ON THE SOUTH BY SAID NORTH LINE, ON THE 
WEST BY THE EAST LINE OF SAID WEST 25 FEET AND ON THE NORTHEAST BY 
THE ARC OF A CIRCULAR CURVE CONCAVE NORTHEASTERLY, HAVING A 
RADIUS OF 12 FEET AND BEING TANGENT TO SAID NORTH LINE AND TO SAID 
EAST LINE, AS CONVEYED TO THE CITY OF PHOENIX IN DOCUMENT NO. 
87-450540; AND 
ALSO EXCEPT ALL COAL, OIL, GAS AND OTHER MINERAL DEPOSITS AS 
RESERVED BY THE UNITED STATES OF AMERICA IN THE PATENT TO SAID 
LAND. 
PARCEL 2 
THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE 
NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28, 
TOWNSHIP 4 NORTH, RANGE 3 EAST OF THE GILA AND SALT RIVER MERIDIAN, 
MARICOPA COUNTY, ARIZONA. 
EXCEPT THE EAST 164.05 FEET; AND 
ALSO EXCEPT THE SOUTH 25 FEET OF THE SOUTHEAST QUARTER OF THE 
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE

NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 4 NORTH, RANGE 3 EAST 
OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, AS 
CONVEYED TO THE CITY OF PHOENIX IN DOCUMENT NO. 87-450541; AND 
ALSO EXCEPT THAT PORTION OF THE SOUTHEAST QUARTER OF THE 
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST 
QUARTER OF SECTION 28, TOWNSHIP 4 NORTH, RANGE 3 EAST OF THE GILA 
AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, WHICH LIES 
NORTHERLY OF THE FOLLOWING DESCRIBED LINE: 
BEGINNING AT A POINT ON THE EAST LINE OF SAID SECTION 28, WHICH POINT 
BEARS SOUTH 00 DEGREES 00 MINUTES 57 SECONDS EAST 370.00 FEET FROM 
THE NORTHEAST CORNER OF SAID SECTION 28; 
THENCE NORTH 89 DEGREES 00 MINUTES 00 SECONDS WEST 1200.00 FEET TO 
THE POINT OF ENDING; AND 
ALSO EXCEPT ALL COAL, OIL, GAS AND OTHER MINERAL DEPOSITS AS 
RESERVED BY THE UNITED STATES OF AMERICA IN THE PATENT TO SAID 
LAND