Attachment A - Draft Ordinance - Z-2-25-8.docx
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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-2-25-8) FROM R-5 RI TOD-1 (MULTIFAMILY
RESIDENCE DISTRICT – RESTRICTED COMMERCIAL,
RESIDENTIAL INFILL DISTRICT - MULTIFAMILY RESIDENTIAL,
INTERIM TRANSIT-ORIENTED ZONING OVERLAY DISTRICT
ONE) AND C-O TOD-1 (COMMERCIAL OFFICE – RESTRICTED
COMMERCIAL, INTERIM TRANSIT-ORIENTED ZONING
OVERLAY DISTRICT ONE) TO WU CODE T5:7 EG (WALKABLE
URBAN CODE, TRANSECT 5:7 DISTRICT, TRANSIT EASTLAKE-
GARFIELD CHARACTER AREA).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 1.16-acre site located at the northwest
corner of 13th Street and Madison Street in a portion of Section 9, Township 1 North,
Range 3 East, as described more specifically in Exhibit “A,” is hereby changed from
0.94-acres of “R-5 RI TOD-1” (Multifamily Residence District – Restricted Commercial,
Residential Infill District - Multifamily Residential, Interim Transit-Oriented Zoning
Overlay District One) and 0.22-acres of “C-O TOD-1” (Commercial Office – Restricted
Commercial, Interim Transit-Oriented Zoning Overlay District One) to “WU Code T5:7
EG” (Walkable Urban Code, Transect 5:7 District, Transit Eastlake-Garfield Character
Area).
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 maximum building height shall not exceed 80 feet, except that the maximum
building height may be increased to 100 feet, subject to the following conditions:
a.
The building shall contain a vertical mix of land uses such as residential
and non-residential uses, as approved by the Planning and Development
Department. A minimum of 1,500 square feet of publicly accessible non-
residential uses shall be provided and shall not include lobby, exercise,
reception areas or other similar uses intended for exclusive use by
residents.
b.
A minimum of one of the following is met:
i.
A minimum of 30% of the dwelling units are provided as Affordable
Housing, as approved by the Planning and Development Department
and Housing Department.
ii.
A minimum of 30% of the gross site area shall be provided as publicly-
accessible open space.
iii.
The developer shall record a Deed of Conservation easement for the
dedication of an eligible historic property, as approved by the Historic
Preservation Officer.
iv.
The developer shall make a financial contribution payable to the City
of Phoenix Housing Department at a rate of $4.06 per square foot for
30% of the gross residential square footage of the project. Such funds
shall be placed into the City’s Housing Trust Fund upon issuance of a
building permit for commencement of development for any structure
greater than 80 feet in height.
2.
Bicycle infrastructure shall be provided, as described below and as approved by
the Planning and Development Department.
a.
A bicycle repair station (“fix-it station”) shall be provided and maintained
near secure bicycle parking areas and separated from vehicular
maneuvering areas, where applicable.
b.
All required bicycle parking for multifamily use, per Section 1307.H.6.d of
the Phoenix Zoning Ordinance, shall be secured parking.
c.
Guest bicycle parking shall be provided at a minimum of 0.05 spaces per
unit with a maximum of 50 spaces near entrances of buildings and installed
per the requirements of Section 1307.H. of the Phoenix Zoning Ordinance.
d.
A minimum of 10% of the provided bicycle parking spaces shall include
standard electrical receptacles for electric bicycle charging capabilities.
3.
A minimum of 10% of the required parking spaces shall include EV-Installed
infrastructure.
4.
The property owner shall record documents that disclose the existence, and
operational characteristics of the 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.
5.
A minimum of two green stormwater infrastructure (GSI) elements for stormwater
management shall be implemented, as approved or modified by the Planning
and Development and/or Street Transportation departments. This includes but is
not limited to stormwater harvesting basins, bioswales, permeable pavement,
etc., per the Greater Phoenix Metro Green Infrastructure and Low Impact
Development Details for Alternative Stormwater Management.
6.
Natural turf shall only be utilized for required retention areas (bottom of basin,
and only allowed on slopes if required for slope stabilization) and functional turf
areas located on properties for uses such as residential common areas, as
approved by the Planning and Development Department.
7.
Prior to final site plan approval, documentation shall be provided that
demonstrates a commitment to participate in the Water Efficiency Checkup
program for a minimum of 10 years, or as approved by the Planning and
Development Department.
8.
A maximum of one vehicular access point shall be permitted on Madison Street
and one vehicular access point shall be permitted on 13th Street.
9.
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.
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. The development shall be in conformance with existing City of Phoenix noise
codes and ordinances.
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 15th day of October,
2025.
________________________________
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
B – Ordinance Location Map
EXHIBIT A
LEGAL DESCRIPTION FOR Z-2-25-8
A PORTION OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 1
NORTH, RANGE 3 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY, ARIZONA
Parcel 1:
Lot 20, Block 20, COLLINS ADDITION to the City of Phoenix, according to Book 1 of
Maps, Page 11, records of Maricopa County, Arizona.
Parcel 2:
Lot 21, Block 20, COLLINS ADDITION to the City of Phoenix, according to Book 1 of
Maps, Page 11, records of Maricopa County, Arizona.
Parcel 3:
Lot 22, Block 20, COLLINS ADDITION to the City of Phoenix, according to Book 1 of
Maps, Page 11, records of Maricopa County, Arizona.
Parcel 4:
Lot 23, Block 20, COLLINS ADDITION to the City of Phoenix, according to Book 1 of
Maps, Page 11, records of Maricopa County, Arizona.
Parcel 5:
Lot 24, Block 20, COLLINS ADDITION to the City of Phoenix, according to Book 1 of
Maps, Page 11, records of Maricopa County, Arizona.
Except that portion of land conveyed to the City of Phoenix in Quit-claim Deed recorded
in Recording No. 87-332368, records of Maricopa County, Arizona, described as
follows:
That portion of Lot 24, Block 20, COLLINS ADDITION, according to the plat of record in
the office of the County Recorder of Maricopa County, Arizona, in Book 1 of Maps at
Page 11, bounded on the South by the South line of said Lot 24, on the East by the
East line of said Lot and on the Northwest by the arc of a circular curve concave
northwesterly, having a radius of 12 feet and being tangent to said South line and to
said East line.