Attachment A - Draft Ordinance - Z-21-20-8

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 ORDINANCE BY CHANGING THE ZONING DISTRICT 
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN 
(CASE Z-21-20-8) FROM R-4 (MULTIFAMILY RESIDENCE 
DISTRICT) TO WU CODE T5:2 EG HP (WALKABLE URBAN 
CODE, TRANSECT T5:2 DISTRICT, TRANSIT EASTLAKE-
GARFIELD CHARACTER AREA, HISTORIC PRESERVATION 
DISTRICT). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 4.91-acre property located at the southeast 
corner of 18th Street and Garfield Street in a portion of Section 3, Township 1 North, 
Range 3 East, as described more specifically in Exhibit “A”, is hereby changed from “R-
4” (Multifamily Residence District) to “WU Code T5:2 EG HP” (Walkable Urban Code, 
Transect T5:2 District, Transit Eastlake-Garfield Character Area, Historic Preservation 
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 developer shall provide a No Hazard Determination for the proposed 
development from the FAA pursuant to the FAA’s Form-7460 obstruction 
analysis review process, prior to construction permit approval, as per plans 
approved by the Planning and Development Department.   
 
 
2. 
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. 
 
 
3. 
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. 
 
 
4. 
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. 
 
 
5. 
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. 
 
 
6. 
The developer shall provide at least one accessible pedestrian pathway 
from the sidewalk on 18th Street, 19th Street, Garfield Street and McKinley 
Street to a building entrance, as approved by the Planning and 
Development Department. 
 
 
7. 
The developer shall dedicate a 20-foot right-of-way triangle at all four 
corners of the property, as approved by the Planning and Development 
Department.

8. 
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. 
 
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 2nd day of September, 
2020.  
 
 
 
 
________________________________ 
 
 
 
       MAYOR  
 
 
ATTEST: 
 
 
____________________________City Clerk 
 
 
APPROVED AS TO FORM: 
 
____________________________City Attorney 
 
 
REVIEWED BY:  
 
____________________________City Manager 
 
 
 
Exhibits: 
A – Legal Description (1 Page) 
B – Ordinance Location Map (1 Page)

EXHIBIT A 
 
LEGAL DESCRIPTION FOR Z-21-20-8 
 
WITHIN A PORTION OF SECTION 3, TOWNSHIP 1 NORTH, RANGE 3 EAST OF 
THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, 
ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 
 
THAT PART OF TRACTS “F” AND “G” OF THE AMENDED MAP OF MONTEZUMA 
PLACE, ACCORDING TO THE PLAT OF RECORD IN THE OFFICE OF THE 
COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 
1 OF MAPS, PAGE 40, DESCRIBED AS FOLLOWS: 
 
BEGINNING AT A POINT ON THE WEST LINE OF SAID TRACT “F,” FROM WHICH 
THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE 
SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 1 NORTH, RANGE 3 EAST 
OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, 
ARIZONA, BEARS NORTH 311.10 FEET, SAID NORTHWEST CORNER BEING 
MARKED BY CITY OF PHOENIX SURVEY MONUMENT 25-61 AND SAID POINT 
OF BEGINNING BEING MARKED BY CITY OF PHOENIX SURVEY MONUMENT 
24-61; 
 
THENCE SOUTH 330.55 FEET ALONG THE WEST LINE OF SAID TRACT “F” TO 
CITY OF PHOENIX SURVEY MONUMENT 23-61; 
 
THENCE SOUTH 89°49’ EAST PARALLEL WITH THE NORTH LINE OF THE 
NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 3 
AS MONUMENTED BY THE CITY OF PHOENIX, A DISTANCE OF 655.75 FEET; 
 
THENCE NORTH 330.55 FEET; 
 
THENCE NORTH 89°45’ WEST 655.75 FEET TO THE POINT OF BEGINNING; 
 
EXCEPT THE NORTH 30 FEET, THE SOUTH 30 FEET, THE EAST 30 FEET, AND 
THE WEST 30 FEET THEREOF FOR ROAD PURPOSES.