Attachment A - Draft Ordinance - Z-103-23-8.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-103-23-8) FROM R-4 CCSIO (MULTIFAMILY 
RESIDENCE DISTRICT, CENTRAL CITY SOUTH INTERIM 
OVERLAY DISTRICT) TO C-3 CCSIO (GENERAL COMMERCIAL, 
CENTRAL CITY SOUTH INTERIM OVERLAY DISTRICT). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 1.01-acre site located approximately 355 feet 
east and 340 feet south of the southeast corner of 19th Avenue and Buckeye Road in a 
portion of Section 18, Township 1 North, Range 3 East, as described more specifically 
in Exhibit “A,” is hereby changed from “R-4 CCSIO” (Multifamily Residence District, 
Central City South Interim Overlay District) to “C-3 CCSIO” (General Commercial, 
Central City South Interim Overlay 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. 
Upon site plan approval and permit issuance for any new building(s) or 
structure(s) on the site, the following shall apply: 
 
 
 
a. 
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. 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. 
 
 
 
b. 
Bicycle parking shall be provided, consistent with Section 1307.H of the 
Phoenix Zoning Ordinance. 
 
 
 
c. 
A minimum of 10 percent of the required parking shall be EV Ready. 
 
 
 
d. 
A minimum of two green infrastructure (GI) techniques for stormwater 
management shall be implemented per the Greater Phoenix Metro 
Green Infrastructure and Low Impact Development Details for 
Alternative Stormwater Management, as approved or modified by the 
Planning and Development Department. 
 
 
2. 
The site is located within a Special Flood Hazard Area (SFHA) called Zone AE, 
on panel 2215 L of the Flood Insurance Rate Maps (FIRM) dated October 16, 
2013. Prior to issuance of a grading and drainage permit or prior to site plan 
approval and permit issuance for any new building(s) or structure(s) on the site, 
the following requirements shall apply: 
 
 
 
a.  
The Architect/Engineer is required to show the floodplain boundary limits 
on the Grading and Drainage plan and ensure that impacts to the 
proposed facilities have been considered, following the National Flood 
Insurance Program (NFIP) Regulations (44 CFR Paragraph 60.3).  This 
includes, but not limited to provisions in the latest versions of the 
Floodplain Ordinance of the Phoenix City Code. 
 
 
 
 
b. 
A copy of the Grading and Drainage Plan needs to be submitted to the

Floodplain Management section of Street Transportation Department for 
review and approval of Floodplain requirements. 
 
 
 
 
c. 
FEMA approved CLOMR-F or CLOMR is required prior to issuance of a 
Grading and Drainage permit.   
 
 
3. 
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. 
 
 
4. 
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. 
 
 
5. 
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. 
 
 
6. 
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. 
 
 
7. 
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 1st day of May, 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-103-23-8 
 
Within a portion of Section 18, Township 1 North, Range 3 East of the Gila and Salt 
River Base and Meridian, Maricopa County, Arizona, being more particularly described 
as follows: 
 
The south 329.02 feet of Lot Two in WHITTON TRACT, according to the plat thereof of 
record in the office of the County Recorder of Maricopa County, Arizona, In Book 4 of 
Maps, at Page 66 thereof; EXCEPT the east 135.66 feet.