Attachment A - Draft Ordinance - PHO-2-24--Z-58-19-7.docx

City of Phoenix — Formal (2025-02-19)

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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 STIPULATIONS APPLICABLE TO 
REZONING APPLICATION Z-58-19-7 PREVIOUSLY APPROVED BY 
ORDINANCE G-6716. 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning stipulations applicable located approximately 
Northeast corner of 6th Avenue and Broadway Road in a portion of Section 20, 
Township 1 North, Range 3 East, as described more specifically in Attachment “A”, 
are hereby modified to read as set forth below.  
STIPULATIONS: 
STIPULATIONS: 
 
 
1. 
An updated Development Narrative for the Broadway and Central PUD 
reflecting the changes approved through this request shall be submitted to the 
Planning and Development within 14 days of City Council approval of this 
request. The updated Development Narrative shall be consistent with the 
Development Narrative date stamped April 24, 2020 as modified by the 
following stipulations. 
 
 
 
a. 
Page 1: 
 
 
 
 
1) 
Add “Hearing Draft: April 24, 2020” 
 
 
 
 
2) 
Add “City Council adopted: [Insert Adoption date]” 
 
 
 
b. 
Page 7:

1) 
Replace text with the following: Where buildings are adjacent to a 
pedestrian accessway, a frontage type shall be required. If frontage 
does not contain an entrance, units adjacent to a pedestrian 
accessway shall be designed with windows and/or balconies 
overlooking the accessway. 
 
 
 
c. 
Pages 6 and 7: 
 
 
 
 
1) 
Add the following text in Section 1304 General Site Development 
Standards: The western most paseo may deviate from the 3rd 
Avenue alignment up to 175 feet if the deviation is marked by 
pedestrian oriented wayfinding; the southern most connection to 
Broadway Road shall be constructed after the SRP facility is buried 
an easements issues resolved, no later than the development of the 
townhomes depicted on Exhibit E. 
 
 
 
d. 
Page 8: 
 
 
 
 
1) 
Replace text in Section 1309 Landscape Standards, 6th Avenue 
and Pueblo Avenue frontage, with the following: Shall be planted 
with large canopy, single trunk, shade trees placed a minimum of 
20 feet on center or in equivalent groupings installed between the 
sidewalk and buildings. The trees allowed in the planting area may 
be adjusted or removed based on input form SRP or the Water 
Services Department. 
 
 
 
 
2) 
Replace text in Section 1309 Landscape Standards, Broadway 
Road, with the following: The sidewalk and tree diagram contained 
in Exhibit C of this PUD shall apply. Planting details are provided in 
Section 1312 character areas of this table. The trees allowed in the 
planting area may be adjusted based on input from SRP or the 
Water Services Department; however, the requirement for trees 
shall not be removed. 
 
 
 
e. 
Replace Exhibit E with the Site Plan date stamped May 21, 2020. 
 
 
2 
The developer shall provide a total of 32 feet of paving with curb, gutter, a 
minimum five-foot wide sidewalk and streetlighting along Pueblo Avenue and 
facilitate the pavement along the “out parcel” (APN 113-05-045). If the 
developer is unable to procure the “out parcel” for the local street pavement 
requirement, the development shall not have access along the entirety of 
Pueblo Avenue except for one combined access point for emergency and 
refuse collection only at the easter limit of the property, as determined by 
Planning and Development and Street Transportation Department. 
 
 
3. 
The developer shall dedicate 25 feet of right-of-way for the south half of 
Pueblo Avenue, as approved by the Planning and Development Department.

4. 
The developer shall dedicate a 14-foot Sidewalk Easement along Broadway 
Road, for the entire length of the development, to accommodate a detached 
sidewalk and shade trees adjacent to the sidewalk, as approved by the 
Planning and Development and Street Departments. 
 
 
5. 
The developer shall dedicate 5 feet of right-of-way for the east half of 6th 
Avenue, as approved by the Street Transportation Department. 
 
 
6. 
Existing irrigation facilities along 6th Avenue and Broadway Road are to be 
undergrounded and relocated outside of City right-of-way. Contact SRP to 
identify existing land rights and establish the appropriate process to relocate 
facilities. Relocations that require additional dedications or land transfer 
require completion prior to obtaining a certificate of occupancy for PHASE 2 
OF the development. 
 
 
7. 
The developer shall provide enhanced internal pedestrian circulation with a 
primary access point at the intersection of 6th Avenue and Broadway Road. 
The access point shall be enhanced with a minimum of 700 square foot 
landscaped area planted with drought-tolerant plant materials providing 
seasonal interest and 75 percent live cover and bollard light path or lighted are 
element visible from the perimeter of the site. The above shall be 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. 
 
 
9. 
The applicant shall submit a Traffic Impact Study/Statement to the City for this 
development. No preliminary approval of plans shall be granted until the study 
is reviewed and approved by the City. Contact Mr. Matthew Wilson, Traffic 
Engineer III, (602) 262-7580, to set up a meeting to discuss the requirements 
of the statement/study. Upon completion of the TIS the developer shall submit 
the completed TIS to the Planning and Development Department counter with 
instruction to forward the study to the Street Transportation Department, 
Design Section. 
 
 
10. 
The developer shall record a Notice to Prospective Purchasers of Proximity to 
Airport in order to disclose the existence and operational characteristics of 
Phoenix Sky Harbor Internation Airport (PHX) to future owners of tenants of 
the property. 
 
 
11. 
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. 
 
 
12. 
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 2. Due to the site’s specific physical conditions and the use 
district granted pursuant to Ordinance G-6716 this portion of the rezoning is now 
subject to the stipulations approved pursuant to Ordinance G-6716 and as modified in 
Section 1 of this Ordinance. Any violation of the stipulation is a violation of the City of 
Phoenix Zoning Ordinance. Building permits shall not be issued for the subject site 
until all the stipulations have been met. 
SECTION 3. 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 19th day of February 
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 (1 Page) 
B - Ordinance Location Map (1 Page)

EXHIBIT A 
 
LEGAL DESCRIPTION FOR PHO-2-24—Z-58-19-7 
 
 
The Land referred to herein below is situated in the County of Maricopa, State of 
Arizona, and is described as follows: 
 
EAST PARCEL 
THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 1 
NORTH, RANGE 3 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, 
MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: 
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 20; 
THENCE SOUTH 89°55’23” WEST (BASIS OF BEARINGS) ALONG THE SOUTH 
LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 1127.63 FEET; THENCE 
NORTH 00°21’14” WEST, A DISTANCE OF 40.00 FEET TO THE NORTH RIGHT-
OF-WAY LINE OF BROADWAY ROAD, SAID POINT BEING THE POINT OF 
BEGINNING; THENCE NORTH 00°21’14” WEST, A DISTANCE OF 112.04 FEET; 
THENCE SOUTH 89°39’26” WEST, A DISTANCE OF 440.83 FEET; THENCE 
NORTH 00°21’14” WEST, A DISTANCE OF 298.80 FEET TO THE SOUTH LINE OF 
PUEBLO AVENUE, ACCORDING TO BOOK 31 OF MAPS, PAGE 3, MARICOPA 
COUNTY RECORDS; THENCE NORTH 89°39’26” EAST, ALONG SAID SOUTH 
LINE, A DISTANCE OF 575.83 FEET; THENCE SOUTH 00°21’14” EAST, A 
DISTANCE OF 411.47 FEET TO THE NORTH RIGHT-OF-WAY LINE OF 
BROADWAY ROAD; THENCE SOUTH 89°55’23” WEST, ALONG SAID NORTH 
RIGHT-OF-WAY LINE, A DISTANCE OF 135.00 FEET TO THE POINT OF 
BEGINNING. CONTAINING 187,225 SQ.FT. OR 4.2981 ACRES, MORE OR LESS. 
 
WEST PARCEL 
THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 1 
NORTH, RANGE 3 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, 
MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: 
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 20; 
THENCE SOUTH 89°55’23” WEST (BASIS OF BEARINGS) ALONG THE SOUTH 
LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 1127.63 FEET; THENCE 
NORTH 00°21’14” WEST, A DISTANCE OF 40.00 FEET TO THE NORTH RIGHT-
OF-WAY LINE OF BROADWAY ROAD, SAID POINT BEING THE POINT OF 
BEGINNING; THENCE SOUTH 89°55’23” WEST ALONG SAID RIGHT-OF-WAY 
LINE, A DISTANCE OF 964.39 FEET; THENCE NORTH 47°34’27” WEST, A 
DISTANCE OF 7.37 FEET TO THE EAST RIGHT-OF-WAY LINE OF 6TH AVENUE; 
THENCE NORTH 05°04’17” WEST, ALONG SAID EAST RIGHT-OF-WAY LINE, A 
DISTANCE OF 402.73 FEET TO THE SOUTH LINE OF PUEBLO AVENUE, 
ACCORDING TO BOOK 31 OF MAPS, PAGE 3, MARICOPA COUNTY RECORDS; 
THENCE NORTH 89°39’26” EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 
379.48 FEET; THENCE SOUTH 00°21’14” EAST, A DISTANCE OF 298.80 FEET; 
THENCE NORTH 89°39’26” EAST, A DISTANCE OF 623.43 FEET; THENCE SOUTH 
00°21’14” EAST, A DISTANCE OF 112.04 FEET TO THE POINT OF BEGINNING. 
CONTAINING 216,602 SQ.FT. OR 4.9725 ACRES, MORE OR LESS.