Attachment A - Draft Ordinance - Z-46-21-4.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 ORDINANCE BY CHANGING THE ZONING DISTRICT 
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN  
(Z-46-21-4) FROM C-O (COMMERCIAL OFFICE) AND P-1 
(PARKING DISTRICT) TO WU CODE T4:3 MT (WALKABLE 
URBAN CODE, TRANSECT 4:3, TRANSIT MIDTOWN 
CHARACTER AREA). 
 
____________ 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 1.03 acre site located approximately 240 feet 
west of the southwest corner of 7th Street and Palm Lane, in a portion of Section 32, 
Township 2 North and Range 3 East, as described more specifically in Exhibit “A”, is 
hereby changed from 0.71-acres of “C-O” (Commercial Office) and 0.32-acres of “P-1” 
(Parking District) to WU Code T4:3 MT (Walkable Urban Code, Transect 4:3, 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 mature California Fan Palms shall be preserved within the Palm Lane 
right-of-way, as approved or modified by the Planning and Development 
Department Landscape Architect. This stipulation shall not preclude the 
relocation of mature California Fan Palms within the right-of-way. 
 
 
2. 
The developer shall pave the alley per the local street standards from western 
project boundary to 7th Street, as approved by the Planning and Development 
Department. 
 
 
3. 
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. 
 
 
4. 
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. 
 
 
5. 
The developer shall grant and record an avigation easement to the City of 
Phoenix for the site, per the content and form prescribed by the City Attorney 
prior to final site plan approval. 
 
 
6. 
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. 
 
 
7. 
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. 
 
 
8. 
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 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 3rd day of November, 
2021. 
 
 
 
 
________________________________ 
 
 
 
       MAYOR  
 
ATTEST:  
 
 
_________________________  
Denise Archibald, City Clerk 
 
 
APPROVED AS TO FORM: 
Cris Meyer, City Attorney 
 
 
By: 
_________________________  
_________________________ 
 
 
REVIEWED BY:  
 
 
_________________________  
Jeff Barton, City Manager 
 
 
Exhibits: 
A – Legal Description (1 Page) 
B – Ordinance Location Map (1 Page)

EXHIBIT A 
 
LEGAL DESCRIPTION FOR Z-46-21-4 
 
LOT 1 OF “GOLDWATER INSTITUTE” AS RECORDED IN BOOK 516 OF MAPS, 
PAGE 35 IN THE RECORDS OF MARICOPA COUNTY, COUNTY OF MARICOPA, 
STATE OF ARIZONA ALSO BEING IN SECTION 32, TOWNSHIP 2 NORTH, RANGE 3 
EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA