Attachment A - Draft Ordinance - Z-46-22-4.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 (Z-46-22-4) FROM R-5 (MULTIFAMILY RESIDENCE 
DISTRICT) TO WU CODE T5:2 MT (WALKABLE URBAN CODE, 
TRANSECT 5:2, TRANSIT MIDTOWN CHARACTER AREA). 
 
 
____________ 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 0.75 acre site located at the northwest 
corner of the 5th Street alignment and Thomas Road, in a portion of Section 29, 
Township 2 North, and Range 3 East, as described more specifically in Exhibit “A”, is 
hereby changed from “R-5” (Multifamily Residence District) to “WU Code T5:2 MT” 
(Walkable Urban Code, Transect 5:2, Transit Midtown 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 developer shall construct a minimum 6-foot-wide sidewalk separated by a 
minimum 10-foot-wide landscape area along the north side of Thomas Road 
planted with minimum three-inch caliper shade trees placed 20 feet on center 
or in equivalent groupings, as approved by the Planned and Development 
Department. 
 
 
2. 
The developer shall dedicate a sidewalk easement for the north side of 
Thomas Road so the total right-of-way and sidewalk easement equals 50 feet, 
as approved by the Planning and Development Department. 
 
 
3. 
A minimum landscape setback of 10 feet in width shall be provided along the 
west property line for a linear distance of 80 feet measured from the south 
property line, as approved by the planning and development department. 
 
 
4. 
A minimum of 14 bicycle parking spaces shall be provided through Inverted U 
and/or artistic racks located near building entrances and installed per the 
requirements of Section 1307.H. of the Phoenix Zoning Ordinance, as 
approved by the Planning and Development Department. Artistic racks shall 
adhere to the City of Phoenix Preferred Designs in Appendix K of the 
Comprehensive Bicycle Master Plan. 
 
 
5. 
The developer shall dedicate a total of 20 feet along the northern alley, as 
approved by the Planning and Development Department. 
 
 
6. 
The developer shall provide local street paving for the full length of the alley 
along the development’s frontage, as approved by the Planning and 
Development Department. 
 
 
7. 
The developer shall dedication a 10-foot by 10-foot right-of-way triangle for a 
total 25-foot by 25-foot clearance at the northeast corner of the site, 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. 
 
 
9. 
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.

10. 
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. 
 
 
11. 
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. 
 
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 November, 
2022. 
 
 
 
 
________________________________ 
 
 
 
       MAYOR  
 
 
 
ATTEST:  
 
 
_________________________  
Denise Archibald, City Clerk 
 
 
APPROVED AS TO FORM: 
Cris Meyer, City Attorney 
 
 
By: 
_________________________  
_________________________ 
 
 
REVIEWED BY:

_________________________  
Jeffrey Barton, City Manager 
 
 
Exhibits: 
A – Legal Description (1 Page) 
B – Ordinance Location Map (1 Page)

EXHIBIT A 
 
Within a portion of Section 29, Township 2 North, Range 3 East of the Gila and Salt 
River Base and Meridian, Maricopa County, Arizona, being more particularly described 
as follows: 
 
Parcel No. 1 
 
Lot 2 and the East 12.50 feet of Lot 4, Block 2, MAYFAIR, according to Book 19, page 
SO of Maps, records of Maricopa County, Arizona; 
EXCEPT that portion of said Lot 2 conveyed to the City of Phoenix by Deed recorded in 
Docket 15158, page 1119; 
 
EXCEPT any portion of above Parcels 1, 2 and 3 which were conveyed to the City of 
Phoenix by document in Recording Nos. 90-452641 and 2002-0706901. 
 
Assessor's Parcel Number: 118-21-067B 
 
Commonly Known as: 346 East Thomas Road, Phoenix, AZ 85012 
  
Parcel No. 2 
  
The West 37.50 feet of Lot 4, Block 2, and the East 26.00 feet of Lot 6, Block 2, 
MAYFAIR, according to Book 19 of Maps, page SO, records of Maricopa County, 
Arizona; 
 
EXCEPT that portion, if any, lying within the East 12.50 feet of Lot 4 and the West half 
of Lot 6. 
 
Assessor's Parcel Number: 118-21-069 
 
Commonly Known as: 342 East Thomas Road, Phoenix, AZ 85012 
 
Parcel No. 3 
 
Lot 8 and the West half of Lot 6, Block 2, MAYFAIR, according to Book 19 of Maps, 
page SO, records of Maricopa County, Arizona; 
 
EXCEPT the West 12.50 feet of Lot 8. 
 
Assessor's Parcel Number: 118-21-072 
 
Commonly Known as: 336 East Thomas Road, Phoenix, AZ 85012