Attachment A - Draft Ordinance - Z-19-21-8.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-19-21-8) FROM C-2 (INTERMEDIATE 
COMMERCIAL DISTRICT), C-2 (APPROVED C-2 SP) 
(INTERMEDIATE COMMERCIAL DISTRICT, APPROVED 
INTERMEDIATE COMMERCIAL DISTRICT, SPECIAL PERMIT), 
C-2 SP (INTERMEDIATE COMMERCIAL DISTRICT, SPECIAL 
PERMIT), R1-6 (SINGLE-FAMILY RESIDENCE DISTRICT), AND 
R1-6 (APPROVED PAD-13) (SINGLE-FAMILY RESIDENCE 
DISTRICT, APPROVED PLANNED AREA DEVELOPMENT) TO 
WU CODE T4:3 GW (WALKABLE URBAN CODE, TRANSECT 4:3 
DISTRICT, TRANSIT GATEWAY CHARACTER AREA). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of an 11.46-acre site located at the southwest 
corner of 24th Street and the Loop 202 Freeway in a portion of Section 3, Township 1 
North, Range 3 East, as described more specifically in Exhibit “A,” is hereby changed 
from 7.40 acres of “C-2” (Intermediate Commercial District), 2.08 acres of “C-2 
(Approved C-2 SP)” (Intermediate Commercial District, Approved Intermediate 
Commercial District, Special Permit), 0.27 acres of “C-2 SP” (Intermediate Commercial

District, Special Permit), 1.06 acres of “R1-6” (Single-Family Residence District), and 
0.65 acres of “R1-6 (Approved PAD-13)” (Single-Family Residence District, Approved 
Planned Area Development) to WU Code T4:3 GW (Walkable Urban Code, Transect 
4:3 District, Transit Gateway 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. 
In addition to the bicycle parking requirements per Section 1307.H.6 of the 
Phoenix Zoning Ordinance, the developer shall provide and maintain the 
following bicycle infrastructure, as described below and as approved by the 
Planning and Development Department. 
 
 
 
a.  
Guest bicycle parking for multifamily residential use shall be provided at 
a minimum of 0.05 spaces per unit with a maximum of 50 spaces near 
entrances of buildings and installed per the requirements of Section 
1307.H. of the Phoenix Zoning Ordinance. 
 
 
 
 
b. 
A bicycle repair station (“fix it station”) shall be provided on the site. The 
station shall include but not limited to: standard repair tools affixed to the 
station; a tire gauge and pump; and a bicycle repair stand which allows 
pedals and wheels to spin freely while making adjustments to the bike, 
as approved by the Planning and Development Department. 
 
 
2. 
The developer shall dedicate a minimum 10-foot-wide sidewalk easement 
along the west side of 24th Street, as approved by the Planning and 
Development Department. The required streetscape area shall be 
encompassed by the sidewalk easement. 
 
 
3. 
The developer shall dedicate fee title right-of-way along the west side of 24th 
Street to accommodate the required right-turn deceleration lane, as approved 
by the Planning and Development Department.

4. 
The developer shall construct improvements per the approved Traffic Impact 
Analysis. 
 
 
5. 
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. 
 
 
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. 
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. 
 
 
8. 
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. 
 
 
9. 
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. 
 
 
10. 
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. 
 
 
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.

13. 
Prior to occupancy, the developer must provide a qualified engineer’s report 
certifying the average annual interior noise exposure for any residential unit or 
enclosed public assembly area will not exceed 45 decibels. 
 
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 7th day of September, 
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 (3 Pages) 
B – Ordinance Location Map (1 Page)

EXHIBIT A 
 
LEGAL DESCRIPTION FOR Z-19-21-8 
 
The Land referred to herein below is situated in the County of Maricopa, State of 
Arizona, and is described as follows:  
PARCEL NO 1:  
THOSE PORTIONS OF LOTS 15 THROUGH 19 AND 22 THROUGH 28 CHILDRESS 
PLACE ACCORDING TO BOOK 14 OF MAPS, PAGE 25 AND LOTS 1 THROUGH 10, 
WILIMEK COURT ACCORDING TO BOOK 33 OF MAPS, PAGE 12, RECORDS 
MARICOPA COUNTY, ARIZONA AND THOSE PORTIONS OF THE SOUTHEAST 
QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 1 NORTH 
RANGE 3 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA 
COUNTY, ARIZONA LYING WITHIN THE FOLLOWING DESCRIBED PARCEL OF 
LAND:  
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 3;  
THENCE NORTH 00 DEGREES 13 MINUTES 00 SECONDS WEST ALONG THE 
EAST LINE OF SAID SECTION, SAID LINE BEING COINCIDENTAL WITH THE 
EXISTING CENTERLINE OF 24TH STREET, 520.72 FEET;  
THENCE SOUTH 89 DEGREES 47 MINUTES 00 SECONDS WEST 43.00 FEET TO 
THE POINT OF BEGINNING; 
THENCE NORTH 89 DEGREES 30 MINUTES 01 SECONDS WEST 120.96 FEET;  
THENCE NORTH 00 DEGREES 13 MINUTES 00 SECONDS WEST 80.02 FEET;  
THENCE NORTH 89 DEGREES 39 MINUTES 15 SECONDS WEST 3.00 FEET;  
THENCE NORTH 00 DEGREES 13 MINUTES 00 SECONDS WEST 60.00 FEET TO A 
POINT IN THE SOUTH LINE OF LOT 28 OF CHILDRESS PLACE;  
THENCE NORTH 89 DEGREES 30 MINUTES 00 SECONDS WEST ALONG THE 
SOUTH LINE OF CHILDRESS PLACE A DISTANCE OF 1168.13 FEET TO THE 
SOUTHWEST CORNER OF LOT 15 OF SAID CHILDRESS PLACE;  
THENCE NORTH 00 DEGREES 18 MINUTES 47 SECONDS EAST ALONG THE 
WEST LINE OF LOT 15 A DISTANCE OF 129.00 FEET; 
THENCE NORTH 65 DEGREES 05 MINUTES 37 SECONDS EAST 421.11 FEET;  
THENCE SOUTH 89 DEGREES 31 MINUTES 17 SECONDS EAST 898.08 FEET;  
THENCE SOUTH 02 DEGREES 30 MINUTES 22 SECONDS EAST 370.17 FEET; 
THENCE NORTH 89 DEGREES 39 MINUTES 15 SECONDS EAST 1.62 FEET;

THENCE SOUTH 00 DEGREES 13 MINUTES 00 SECONDS EAST 77.00 FEET;  
THENCE SOUTH 41 DEGREES 56 MINUTES 55 SECONDS WEST 4.47 FEET TO 
THE POINT OF BEGINNING. 
 
PARCEL NO. 2:  
THE SOUTH 62.00 FEET OF THE NORTH 124 FEET OF THE EAST HALF OF THE 
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST 
QUARTER OF SECTION 3 TOWNSHIP 1 NORTH RANGE 3 EAST OF THE GILA AND 
SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA;  
EXCEPT THE WEST 162.50 FEET; AND  
EXCEPT THE EAST 30.00 FEET.  
PARCEL NO. 3:  
THE NORTH 62.00 FEET OF THE EAST HALF OF THE SOUTHEAST QUARTER OF 
THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3 
TOWNSHIP 1 NORTH RANGE 3 EAST OF THE GILA AND SALT RIVER BASE AND 
MERIDIAN, MARICOPA COUNTY, ARIZONA;  
EXCEPT THE WEST 137.5 FEET; AND  
EXCEPT THE EAST 30.00 FEET.  
PARCEL NO. 4:  
THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER 
OF SECTION 3, TOWNSHIP 1 NORTH, RANGE 3 EAST OF THE GILA AND SALT 
RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS 
FOLLOWS: 
COMMENCING AT A 2 1/2 INCH BRASS CAP MARKING THE EAST QUARTER 
CORNER OF SAID SECTION 3, WHICH BEARS SOUTH 00 DEGREES 15 MINUTES 
25 SECONDS EAST 1320.37 FEET FROM A 3 INCH CITY OF PHOENIX (COP) 
BRASS CAP MARKING THE NORTHEAST CORNER OF THE SOUTHEAST 
QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 3;  
THENCE ALONG THE EAST LINE OF SAID SECTION 3, NORTH 00 DEGREES 15 
MINUTES 25 SECONDS WEST 970.89 FEET;  
THENCE SOUTH 89 DEGREES 44 MINUTES 35 SECONDS WEST 53.17 FEET TO 
THE ACCESS CONTROL FENCE ALONG THE 1995 RIGHT OF WAY LINE OF THE 
EAST PAPAGO (STATE ROUTE 217) (STATE ROUTE 202L RED MOUNTAIN 
FREEWAY);

THENCE ALONG SAID ACCESS CONTROL FENCE ALONG THE 1995 RIGHT OF 
WAY LINE, NORTH 89 DEGREES 31 MINUTES 17 SECONDS WEST 898.08 FEET;  
THENCE CONTINUING ALONG SAID ACCESS CONTROL FENCE ALONG THE 1995 
RIGHT OF WAY LINE, SOUTH 65 DEGREES 05 MINUTES 37 SECONDS WEST 
421.11 FEET TO THE POINT OF BEGINNING ON THE EAST RIGHT OF WAY LINE 
OF 22ND STREET;  
THENCE ALONG SAID EAST RIGHT OF WAY LINE, SOUTH 00 DEGREES 18 
MINUTES 47 SECONDS WEST 129.00 FEET TO THE NORTH LINE OF THE SOUTH 
HALF OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF 
SECTION 3;  
THENCE ALONG SAID NORTH LINE, NORTH 89 DEGREES 26 MINUTES 48 
SECONDS WEST 198.89 FEET;  
THENCE SOUTH 00 DEGREES 03 MINUTES 17 SECONDS EAST 61.96 FEET;  
THENCE NORTH 89 DEGREES 31 MINUTES 21 SECONDS WEST 162.23 FEET TO 
SAID ACCESS CONTROL FENCE ALONG THE 1995 RIGHT OF WAY LINE;