Attachment A - Draft Ordinance - PHO-1-23--Z-27-15-4.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 STIPULATIONS APPLICABLE TO 
REZONING APPLICATION Z-27-15-4 PREVIOUSLY APPROVED BY 
ORDINANCE G-6115. 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning stipulations applicable located at the northeast 
corner of Central Avenue and Pierson Street in a portion of Section 20, Township 2 
North, Range 3 East, as described more specifically in Attachment “A”, are hereby 
modified to read as set forth below.  
STIPULATIONS: 
1. 
An updated Development Narrative for the Omninet – East PUD reflecting the 
changes approved through this request shall be submitted to the Planning and 
Development Department within 30 days of City Council approval of this 
request. The updated Development Narrative shall be consistent with the 
Development Narrative date stamped October 14, 2015. 
 
 
2. 
The property owner shall provide a deposit in the amount of $3125,000 into a 
Street Transportation Department escrow account at the City of Phoenix to be 
utilized for traffic calming measures along 1st Street in the St. Francis 
neighborhood within six (6) months of City Council approval. These funds shall 
be utilized to improve existing traffic mitigation infrastructure along 1st Street, 
as approved by the Street Transportation Department. Any remaining funds will 
be deposited in the separate account established to comply with stipulation 
number 3. 
 
 
3. 
The property owner will deposit an additional $25,000 (for a total of $50,000) 
into a Street Transportation Department escrow account at the City of Phoenix

to be utilized for traffic calming or management tools for the area bounded by 
Central Avenue, Camelback Road, 7th Street, and Pierson Street at the time of 
construction. These funds may be contributed toward the purchase and 
installation of such devices as roundabouts, speed humps/cushions, or raised 
crosswalks (speed tables), limiting turning, traffic diverters or other such traffic 
calming or management tools. Distribution of funds shall be at the mutual 
agreement of the five member Neighborhood Traffic Team, the residents on 
affected streets and the City of Phoenix Streets Department Safety and 
Neighborhood Traffic Section. Owner may apply for reimbursement of escrow 
funds from the Street Transportation Department if no formal petition has been 
submitted within 5 years from the issuance of a Certificate of Occupancy. 
 
 
4. 
The property owner shall construct a temporary 6-foot wide path constructed of 
3/4 inch decomposed granite 2-inches thick along their frontage adjacent to 1st 
Street until the project is under construction, as approved by the Planning and 
Development Department. 
 
 
5. 
4. 
The approval shall be conditioned upon development commencing within 10 
seven (7) years of the City Council approval of this change of zoning in 
accordance with Section 506.b.1 of the Phoenix Zoning Ordinance (for 
purposes of this stipulation, development shall commence with the issuance of 
building permits and erection of building walls on site). 
 
 
5. 
THE GROUND FLOOR AREA OF THE DEVELOPMENT SHALL INCLUDE A 
MINIMUM 4,700 SQUARE FEET OF NON-RESIDENTIAL USES.  NON-
RESIDENTIAL USES SHALL NOT INCLUDE LOBBY, EXERCISE, 
RECEPTION AREAS, OR OTHER SIMILAR USES INTENDED FOR 
EXCLUSIVE USE BY RESIDENTS.  ALL NON-RESIDENTIAL USES SHALL 
FRONT PERIMETER RIGHTS-OF-WAY. 
 
 
6. 
PRIOR TO PRELIMINARY SITE PLAN APPROVAL, THE LANDOWNER 
SHALL EXECUTE A PROPOSITION 207 WAIVER OF CLAIMS IN A FORM 
APPROVED BY THE CITY ATTORNEY'S OFFICE.  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-6115 this portion of the rezoning is now 
subject to the stipulations approved pursuant to Ordinance G-6115 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 6th day of December, 
2023. 
 
 
 
 
________________________________ 
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-1-23--Z-27-15-4 
 
LOTS 25, 27 AND 28, SAINT FRANCIS PLACE, SECTION 20, TOWNSHIP 2 
NORTH, RANGE 3 EAST, ACCORDING TO THE MAP IN THE OFFICE OF THE 
COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, IN BOOK 24 OF MAPS, 
PAGE 47