Attachment A - Draft Ordinance - Z-50-22-4.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 ZONING ORDINANCE BY CHANGING THE ZONING 
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED 
HEREIN (CASE Z-50-22-4) FROM C-2 TOD-1 (INTERMEDIATE 
COMMERCIAL, INTERIM TRANSIT-ORIENTED ZONING 
OVERLAY DISTRICT ONE) TO WU CODE T5:5 UT (WALKABLE 
URBAN CODE, TRANSECT 5:5, TRANSIT UPTOWN 
CHARACTER AREA). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 4.79-acre site located approximately 180 feet 
north of the northeast corner of 7th Avenue and Camelback Road in a portion of Section 
17, Township 2 North, Range 3 East, as described more specifically in Exhibit “A,” is 
hereby changed from “C-2 TOD-1” (Intermediate Commercial, Interim Transit-Oriented 
Zoning Overlay District One) to “WU Code T5:5 UT” (Walkable Urban Code, Transect 
5:5, Transit Uptown 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 developer shall provide a minimum 10,000 square feet of publicly 
accessible open space in a forecourt configuration, as described below and as 
approved or modified by the Planning and Development Department. The 
publicly accessible open space shall be:  
 
 
 
 
a. 
Adjacent and accessible to the public sidewalk on 7th Avenue 
 
 
 
 
b.  
Provided in areas of not less than 500 square feet and 20 feet in width; 
 
 
 
 
c.  
Shaded to a minimum of 50 percent by vegetative shade; 
 
 
 
 
d.  
Maintained in perpetuity without fences or barriers; 
 
 
 
 
e. 
Eligible to qualify as a forecourt frontage type; 
 
 
 
 
f.  
Improved to contain, at minimum, a drinking fountain for people and 
pets, art, and seating. 
 
 
2. 
All ground floor dwelling units adjacent to 7th Avenue shall utilize the stoop and 
doorwell, forecourt, or porch frontage types, as approved or modified by the 
Planning and Development Department.  
 
 
3. 
Between the public sidewalk and the building fronts, there shall be a 6-foot-
wide landscape area planted with minimum 3-inch caliper shade trees placed 
20 feet on center or in equivalent groupings, as approved or modified by the 
Planning and Development Department to comply with frontage requirements. 
 
 
4. 
The development shall incorporate masonry elements into the primary exterior 
building materials and shall be reflective of the architectural style in the area, as 
approved by the Planning and Development Department. 
 
 
5. 
The developer shall install traffic calming devices along the driveways of the 
property so that vehicle drivers exercise caution prior to crossing the sidewalk 
when exiting the property, as approved or modified by the Planning and 
Development Department. 
 
 
6. 
The developer shall incorporate bicycle infrastructure, as described below and 
as approved by the Planning and Development Department.

a. 
All required bicycle parking for multifamily use, per Section 1307.H of the 
Phoenix Zoning Ordinance, shall be secured parking. 
 
 
 
 
b. 
Guest bicycle parking for multifamily residential use shall be provided at 
a minimum of 0.05 spaces per unit with a maximum of 50 required 
spaces near entrances of buildings and installed per the requirements of 
Section 1307.H of the Phoenix Zoning Ordinance.    
 
 
 
 
c. 
One bicycle repair station shall be provided and maintained by the 
developer in an area of high visibility near the secure bicycle parking 
areas. 
 
 
 
7. 
A minimum 35 percent of the uncovered parking lot area shall be shaded by 
minimum 3-inch caliper shade trees, as approved by the Planning and 
Development Department. 
 
 
8. 
The applicant shall submit a Traffic Impact Study (TIS) to the City for this 
development. The TIS shall include evaluation of 7th Avenue peak hour 
restrictions and resulting site traffic routing on the surrounding street network 
and proposed mitigation to Colter Street. The developer shall be responsible for 
all costs for mitigation measure determined by the Study and contribute funds 
for the Colter Street Project. No preliminary approval of plans shall be granted 
until the study is reviewed and approved by the City.   
 
 
 
9. 
The southern driveway onto 7th Avenue, as depicted on the site plan date 
stamped October 31, 2022, shall be restricted to right-in/right-out only and 
access shall be coordinated with the Public Transit Department, as approved 
by Planning and Development. 
 
 
10. 
The developer shall construct a minimum 6-foot-wide sidewalk separated from 
the curb by a minimum 10-foot-wide landscape area along the east side of 7th 
Avenue and planted with minimum three-inch caliper shade trees placed 20 
feet on center or in equivalent groupings, as approved by the Planned and 
Development Department. 
 
 
11. 
The developer shall dedicate a sidewalk easement to accommodate a 
minimum 6-foot-wide sidewalk and minimum 10-foot-wide landscape area 
located between the back of curb and sidewalk, as approved by the Planning 
and Development Department. 
 
 
12. 
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.

13. 
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. 
 
 
14. 
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. 
 
 
15. 
The developer shall work with the Street Transportation and Planning and 
Development departments regarding the proposed parking along the north side 
of the site so that it does not interfere with traffic flow along the shared 
driveway and to potentially stripe the driveway to include a left-turn lane. 
 
 
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 February, 
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 PARCEL OF LAND BEING SITUATED WITHIN THE SOUTHWEST QUARTER OF 
SECTION 17, TOWNSHIP 2 NORTH, RANGE 3 EAST OF THE GILA AND SALT 
RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE PARTICULARLY 
DESCRIBED AS FOLLOWS: 
 
COMMENCING AT A CALCULATED POINT ACCEPTED AS THE SOUTHWEST 
CORNER OF SAID SECTION 17, FROM WHICH A CALCULATED POINT BEARS 
NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, 1324.02 FEET; 
 
THENCE ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER OF SAID 
SECTION 17, NORTH 00 DEGREES 11 MINUTES 13 SECONDS WEST, A 
DISTANCE OF 170.41 FEET TO THE POINT OF BEGINNING; 
 
THENCE CONTINUING NORTH 00 DEGREES 11 MINUTES 13 SECONDS WEST, A 
DISTANCE OF 476.66 FEET; 
 
NORTH 89 DEGREES 48 MINUTES 47 SECONDS EAST, A DISTANCE OF 40.00 
FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF 7TH AVENUE; 
 
THENCE NORTH 89 DEGREES 59 MINUTES 54 SECONDS EAST, A DISTANCE OF 
396.15 FEET; 
 
THENCE SOUTH 00 DEGREES 11 MINUTES 13 SECONDS EAST, A DISTANCE OF 
472.00 FEET; 
 
THENCE SOUTH 89 DEGREES 59 MINUTES 54 SECONDS WEST, A DISTANCE OF 
189.15 FEET; 
 
THENCE SOUTH 00 DEGREES 11 MINUTES 13 SECONDS EAST, A DISTANCE OF 
12.16 FEET; 
 
THENCE SOUTH 89 DEGREES 59 MINUTES 54 SECONDS WEST, A DISTANCE OF 
114.00 FEET; 
 
THENCE NORTH 00 DEGREES 11 MINUTES 13 SECONDS WEST, A DISTANCE OF 
7.50 FEET; 
 
THENCE SOUTH 89 DEGREES 59 MINUTES 54 SECONDS WEST, A DISTANCE OF 
93.00 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF 7TH 
AVENUE; 
 
THENCE SOUTH 89 DEGREES 48 MINUTES 47 SECONDS WEST, A DISTANCE OF 
40.00 FEET TO THE POINT OF BEGINNING; 
SAID PARCEL CONTAINS 207,870 SQ FT OR 4.772 ACRES.