Attachment A - Draft Ordinance - Z-13-22-8.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-13-22-8) FROM R-4 RI HP (MULTIFAMILY 
RESIDENCE DISTRICT, RESIDENTIAL INFILL DISTRICT, 
HISTORIC PRESERVATION OVERLAY) TO WU CODE T4:2 EG 
HP (WALKABLE URBAN CODE, TRANSECT 4:2 DISTRICT, 
TRANSIT EASTLAKE-GARFIELD CHARACTER AREA, HISTORIC 
PRESERVATION OVERLAY). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 1.36-acre site located approximately 150 feet 
west of the northwest corner of 9th Street and Portland Street in a portion of Section 4, 
Township 1 North, Range 3 East, as described more specifically in Exhibit “A,” is hereby 
changed from “R-4 RI HP” (Multifamily Residence District, Residential Infill District, 
Historic Preservation Overlay), to “WU Code T4:2 EG HP” (Walkable Urban Code, 
Transect 4:2 District, Transit Eastlake-Garfield Character Area, Historic Preservation 
Overlay).

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. 
A minimum setback of 20 feet shall be required along the Portland Street 
frontage. 
 
 
2. 
Existing trees located within the setback along the Portland Street frontage, 
shall be preserved in place, as approved or modified by the Planning and 
Development Department. 
 
 
3. 
The maximum building height shall be 21 feet. 
 
 
4. 
A minimum of 3 amenities shall be provided within the required common open 
space, such as, but not limited to swimming pools, tot lots, barbecue and picnic 
areas, game courts, jogging/parcours, or lawn/turf, as approved by the 
Planning and Development Department. 
 
 
5. 
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. 
 
 
6. 
The developer shall maintain the existing width of the historic landscape area 
within the right-of-way and replenish the landscaping per the landscape 
standards of Section 1309 of the Zoning Ordinance, 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. 
 
 
7. 
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. 
 
 
8. 
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. 
 
 
9. 
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. 
 
 
10. 
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 12th day of October, 
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 (1 Page) 
B – Ordinance Location Map (1 Page)

EXHIBIT A 
 
LEGAL DESCRIPTION FOR Z-13-22-8 
 
 
LOTS 11 AND 13, AND THE WEST HALF OF LOT 15, BLOCK 2, BRILLS ADDITION 
AMENDED, RECORDS OF MARICOPA COUNTY, ALSO BEING A PORTION OF THE 
NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 1 NORTH, RANGE 3 EAST, 
OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA.