Attachment A - Draft Ordinance - Z-70-22-8.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-70-22-8) FROM C-3 (GENERAL 
COMMERCIAL) TO WU CODE T5:3 GW (WALKABLE URBAN 
CODE, TRANSECT 5:3 DISTRICT, TRANSIT GATEWAY 
CHARACTER AREA). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 1.61-acre property located approximately 
360 feet west of the northwest corner of 30th Street and Van Buren Street in a portion of 
Section 2, Township 1 North, Range 3 East, as described more specifically in Exhibit 
“A,” is hereby changed from “C-3” (General Commercial), to “WU Code T5:3 GW” 
(Walkable Urban Code, Transect 5:3 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. 
The south building elevations of the new structure shall provide a minimum 25 
percent glazing on the ground floor, as approved by the Planning and 
Development Department. 
 
 
2. 
Secure bicycle parking pursuant to Section 1307.H.6 of the Zoning Ordinance 
shall be provided for the total units on the site. In addition, the development 
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. 
 
 
3. 
The developer shall dedicate a 10-foot-wide sidewalk easement along the north 
side of Van Buran Street, except for those areas where a current building 
footprint exists. Any future removal of building along Van Buren Street will 
require a 10-foot-wide sidewalk easement dedication, as approved by the 
Planning and Development Department.  
 
 
4. 
The developer shall maintain the existing width of the landscape strip area 
along the north side of Van Buren Street between the sidewalk and back of the 
curb, replenish and maintain the landscaping within it, and construct a minimum 
6-foot-wide detached sidewalk, as approved by the Planning and Development 
Department. Where utility conflicts exist, the developer shall work with the 
Planning and Development Department on alternative design solutions 
consistent with a pedestrian environment. 
 
 
5. 
The developer shall construct all streets within and adjacent to the development 
with paving, curb, gutter, sidewalks, 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 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. 
 
 
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 1st day of March, 
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 
 
A PORTION OF THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST 
QUARTER OF SECTION 2, TOWNSHIP 1 NORTH, RANGE 3 EAST OF THE GILA 
AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE 
PARTICULARLY DESCRIBED AS FOLLOWS: 
 
 
COMMENCING AT THE SOUTHWEST CORNER OF THE EAST HALF OF THE WEST 
HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 2; 
 
THENCE NORTH 00 DEGREES 00 MINUTES 30 SECONDS WEST ALONG THE 
WEST LINE OF THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST 
QUARTER, A DISTANCE OF 40.00 FEET; 
 
THENCE SOUTH 89 DEGREES 40 MINUTES 30 SECONDS EAST, ALONG A LINE 
40.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID EAST HALF 
OF THE WEST HALF OF THE SOUTHEAST QUARTER, A DISTANCE OF 140.82 
FEET TO THE TRUE POINT OF BEGINNING; 
 
THENCE NORTH 00 DEGREES 18 MINUTES 02 SECONDS EAST, A DISTANCE OF 
257.57 FEET; 
 
THENCE SOUTH 89 DEGREES 16 MINUTES 55 SECONDS WEST, A DISTANCE OF 
12.40 FEET; 
 
THENCE NORTH 00 DEGREES 24 MINUTES 54 SECONDS EAST, A DISTANCE OF 
135.65 FEET; 
 
THENCE SOUTH 89 DEGREES 40 MINUTES 30 SECONDS EAST, ALONG A LINE 
433.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE EAST 
HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER, A DISTANCE OF 
169.30 FEET; 
 
THENCE SOUTH 00 DEGREES 00 MINUTES 30 SECONDS WEST, ALONG A LINE 
300.00 FEET EAST OF AND PARALLEL TO THE WEST LINE OF THE EAST HALF 
OF THE WEST HALF OF THE SOUTHEAST QUARTER, A DISTANCE OF 393.00 
FEET; 
 
THENCE NORTH 89 DEGREES 40 MINUTES 30 SECONDS WEST, ALONG A LINE 
40.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE EAST HALF 
OF THE WEST HALF OF THE SOUTHEAST QUARTER, A DISTANCE OF 159.18 
FEET TO THE TRUE POINT OF BEGINNING.