Attachment A - Draft Ordinance - Z-71-24-7.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-71-24-7) FROM P-1 (PASSENGER 
AUTOMOBILE PARKING, LIMITED) AND R-5 RI (MULTIFAMILY 
RESIDENCE DISTRICT, RESIDENTIAL INFILL DISTRICT) TO 
WU CODE T5:3 (WALKABLE URBAN CODE, TRANSECT 5:3 
DISTRICT). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 0.87 acre site located at the northeast corner 
of 9th Avenue and Fillmore Street in a portion of Section 6, Township 1 North, Range 3 
East, as described more specifically in Exhibit “A,” is hereby changed from 0.67-acres of 
“P-1” (Passenger Automobile Parking, Limited) and 0.20-acres of “R-5 RI” (Multifamily 
Residence District, Residential Infill District) to “WU Code T5:3” (Walkable Urban Code, 
Transect 5:3 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. 
A minimum of 5% of the required parking spaces shall include Electric Vehicle 
(EV) Installed Infrastructure, as approved by the Planning and Development 
Department. 
 
 
2. 
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. 
 
 
3. 
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 parks, schools, and residential 
common areas, as approved by the Planning and Development Department. 
 
 
4. 
Pressure regulating sprinkler heads and/or drip lines shall be utilized in any turf 
areas to reduce water waste. 
 
 
5. 
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. 
 
 
6. 
A minimum of 25% of the surface parking areas shall be shaded, as approved 
by the Planning and Development Department. Shade may be achieved by 
structures or by minimum 2-inch caliper, drought tolerant, shade trees, or a 
combination thereof. 
 
 
7. 
A minimum of one green stormwater infrastructure (GSI) element 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. 
 
 
8. 
Prior to final site plan approval, documentation shall be provided that 
demonstrates a commitment to participate in the Business Water Efficiency 
Program for a minimum of 10 years, or as approved by the Planning and 
Development Department.

9. 
If multifamily residential use is provided, the following additional standards for 
bicycle parking shall apply, as approved by the Planning and Development 
Department. 
 
 
 
a. 
All required bicycle parking, per Section 1307.H.6.d of the Phoenix 
Zoning Ordinance, shall be secured parking. 
 
 
 
 
b.  
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. 
 
 
10. 
The existing landscape areas within the right-of-way along 9th Avenue and 
Fillmore Street shall be maintained and replenished per the landscape 
standards of Section 1309 of the Zoning Ordinance, as approved by the 
Planning and Development Department. 
 
Where utility conflicts exist, the developer shall work with the Planning and 
Development Department on alternative design solutions consistent with a 
pedestrian environment. 
 
 
11. 
Vehicular access points to 9th Avenue and Fillmore Streets shall be limited to 
no more than one vehicular access point per street. 
 
 
12. 
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. 
 
 
13. 
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. 
 
 
14. 
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. 
 
 
15. 
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.

16. 
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. 
 
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 October, 
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-71-24-7 
 
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 1 
NORTH, RANGE 3 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, 
MARICOPA COUNTY, ARIZONA 
 
LEGAL DESCRIPTION 
 
Lots 1, 3, 5, and 7, BLOCK H, UNIVERSITY ADDITION, according to the Plat of record 
in the Office of the County Recorder of Maricopa County, Arizona, recorded in Book 1 of 
Maps, Page 7, also described as Lots, 1, 3, 5 and 7, of UNIVERSITY ADDITION 
OWNERS PLAT OF BLOCK H, according to the Plat of Record in the Office of the 
County Recorder of Maricopa County, Arizona, Recorded in Book 4 of Maps, Page 26.