Attachment A - Draft Ordinance - Z-33-21-4.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-33-21-4) FROM P-2 TOD-1 (PARKING, INTERIM TRANSIT- 
ORIENTED ZONING OVERLAY DISTRICT ONE) TO WU CODE 
T4:2 MT (WALKABLE URBAN CODE, TRANSECT 4:2 DISTRICT, 
TRANSIT MIDTOWN CHARACTER AREA). 
 
____________ 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 0.71 acre site located at the northeast corner 
of 1st Avenue and Holly Street, in a portion of Section 32, Township 2 North and Range 
3 East, as described more specifically in Exhibit “A”, is hereby changed from “P-2 TOD-
1” (Parking, Interim Transit-Oriented Zoning Overlay District One) to “WU Code T4:2 
MT” (Walkable Urban Code, Transect 4:2 District, 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 maximum building height shall be 30 feet 
 
 
2. 
The project shall not exceed 6 lots and/or 6 dwelling units. 
 
 
3. 
The existing streetscape landscape area between the curb and sidewalk shall 
be replenished, as required by Chapter 13, Section 1309.B of the Phoenix 
Zoning Ordinance and as approved by the Planning and Development 
Department.  
  
4. 
The required landscape setback along the western property boundary shall be 
planted with shade trees placed 20 feet on center or in equivalent groupings, 
excluding driveway entrances, and all required trees shall be a minimum 3-inch 
caliper. Existing trees may be utilized toward the requirement. The above 
conditions shall be approved by the Planning and Development Department. 
 
 
5. 
The developer shall provide permeable and/or cool pavement in the alley of no 
greater width than existing today from the subject site to Cypress Avenue, as 
approved by the Planning and Development Department. 
 
 
6. 
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. 
 
 
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. 
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. 
 
 
10. 
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.

11. 
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 December, 
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-33-21-4 
 
 
36 + 42 W. HOLLY STREET, PHOENIX, ARIZONA 85003 
APN: 118-51-046, 118-51-047 
Lots 6 and 7, block 2, las palmas, a subdivision recorded in book 4 of maps, page 15, 
records of maricopa county, arizona. Except that part of lot 7, block 2, las palmas, 
according to the plat of record in the office of the county recorder of maricopa county, 
arizona, in book 4 of maps, at page 15 lying southwesterly of the arc of a circular curve, 
concave northeasterly, having a radius of 12 feet, and being tangent to the west and 
south lines of said lot.