Attachment A - Draft Ordinance - Z-55-23-8.pdf

City of Phoenix — Formal (2024-02-07)

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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-55-23-8) FROM R1-10 (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 7.18-acre property located approximately 
1,170 feet west of the southwest corner of 35th Glen and Dobbins Road in a portion of 
Section 10, Township 1 South, Range 2 East, as described more specifically in Exhibit 
“A,” is hereby changed from “R1-10” (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 layout shall be in general conformance with the site plan date 
stamped October 25, 2023, as modified by the following stipulations and 
approved by the Planning and Development Department.    
 
 
2. 
A minimum of 25% of the building elevations visible from public rights-of-way or 
the main private drive shall contain a minimum of three different exterior accent 
materials that includes metal, wood, and concrete, as approved by the 
Planning and Development Department. 
 
 
3. 
All required landscape setbacks shall be planted with minimum 2-inch caliper 
large canopy, drought tolerant trees, planted 25 feet on center or in equivalent 
groupings, as approved by the Planning and Development Department. 
 
 
4. 
Landscape areas and surface retention areas shall be planted with minimum 2-
inch caliper, large canopy, drought-tolerant shade trees planted 25 feet on 
center or in equivalent groupings, as approved by the Planning and 
Development Department. 
 
 
5. 
The entry driveway surface shall incorporate 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. 
A perimeter wall no less than 6 feet in height shall be provided along the 
eastern portion of the site, as approved by the Planning and Development 
Department. 
 
 
7. 
A minimum of 10% of the gross site area shall be retained as common open 
space. 
 
 
8. 
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. 
 
 
9. 
All uncovered surface parking lot area shall be landscaped with minimum 2-
inch caliper, single trunk, large canopy, drought tolerant, shade trees. 
Landscaping shall be dispersed throughout the parking area and achieve 10% 
shade, as approved by Planning and Development Department. 
 
 
10. 
The development shall incorporate bicycle infrastructure as described below 
and approved by the Planning and Development Department. 
 
 
 
a. 
The developer shall provide secured bicycle parking per Section 1307 of 
the Zoning Ordinance.

b. 
Guest bicycle parking shall be provided at a minimum rate of 0.05 spaces 
per unit, up to a maximum of 50 spaces. Parking spaces shall be provided 
through Inverted U and/or artistic racks located near the community 
center and/or clubhouse and open space areas 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. 
 
 
 
 
c. 
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. 
 
 
 
 
d. 
Bicycle parking shall be shaded at 100%.  
 
 
11. 
A minimum of 5% of the required parking spaces shall be EV Capable. 
 
 
12. 
A 5-foot-wide detached sidewalk separated by a minimum 8-foot landscape 
strip shall be constructed along the south side of Dobbins Road, adjacent to 
the development and planted with minimum 2-inch caliper, single-trunk, large 
canopy, drought-tolerant shade trees planted 25 feet on center or in equivalent 
groupings. Where utility conflicts exist, the developer shall work with the 
Planning and Development Department on an alternative design solution 
consistent with a pedestrian environment. 
 
 
13. 
All existing overhead power lines along Dobbins Road shall be undergrounded. 
The developer shall coordinate with the affected power company for design 
and approval.    
 
 
14. 
The developer shall submit a traffic analysis to the city for this development. 
The TIA shall include turn lane analysis in conformance with the street planning 
and design guidelines to determine feasibility. No preliminary approval of plans 
shall be granted until the study has been approved by the Street Transportation 
Department and the left-hand turn issue is resolved. 
 
 
15. 
The speed limit inside the development shall not exceed 15 miles per hour. 
 
 
16. 
The developer shall construct all streets 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. 
Prior to final site plan approval, the property owner shall record documents that 
disclose to purchasers of property or tenants within the development(s) the 
existence and operational characteristics of nearby existing ranchettes and 
animal privilege private properties that may cause adverse noise, odors, dust, 
and other externalities. The form and content of such documents shall be 
reviewed and approved by the City prior to recordation. This disclosure shall 
also be provided in the leasing documents in a section titled “nuisances”. 
 
 
18. 
The property owner shall record documents that disclose the existence, and 
operational characteristics of Phoenix Sky Harbor 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. 
 
 
19. 
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. 
 
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 (1 Page) 
B – Ordinance Location Map (1 Page)

EXHIBIT A 
 
LEGAL DESCRIPTION FOR Z-55-23-8 
 
Located in the Northeast Quarter of Section 10, Township 1 South, Range 2 East, Gila 
and Salt River Meridian, Maricopa County, Arizona. Described as follows; 
 
Commencing at the Northwest corner of said Northeast Quarter; 
 
Thence North 89°45'51" East, along the North line of said Northeast Quarter, a distance 
of 654.62 feet to the Point of Beginning; 
 
Thence continuing along said North line, North 89°45'51" East, a distance of 231.24 
feet; 
 
Thence departing said North line, South 00°04'02" East, a distance of 1,318.46 feet; 
 
Thence South 89°45'26" West, a distance of 231.62 feet; 
 
Thence North 00°03'02" West, a distance of 1,318.48 feet to the Point of Beginning. 
 
Containing 305,134.26 square feet or 7.00 acres, more or less.