Attachment A - Draft Ordinance - Z-26-22-4.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 (Z-26-22-4) FROM C-2 H-R TOD-1 (INTERMEDIATE 
COMMERCIAL, HIGH RISE INCENTIVE DISTRICT, INTERIM 
TRANSIT-ORIENTED ZONING OVERLAY ONE) AND P-2 H-R 
TOD-1 (PARKING, HIGH RISE INCENTIVE DISTRICT, INTERIM 
TRANSIT-ORIENTED ZONING OVERLAY ONE) TO WU CODE 
T5:6 MT (WALKABLE URBAN CODE, TRANSECT 5:6, TRANSIT 
MIDTOWN CHARACTER AREA). 
 
____________ 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 4.10-acre site located approximately 430 
feet east of the northeast corner of Central Avenue and Osborn Road, in a portion of 
Section 29, Township 2 North, and Range 3 East, as described more specifically in 
Exhibit “A”, is hereby changed from 0.53-acres of “C-2 H-R TOD-1” (Intermediate 
Commercial, High Rise Incentive District, Interim Transit-Oriented Zoning Overlay 
One) and 3.57 acres of “P-2 H-R TOD-1” (Parking, High Rise Incentive District, 
Interim Transit-Oriented Zoning Overlay One) to 4.10 acres of “WU Code T5:6 MT” 
(Walkable Urban Code, Transect 5:6, 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 developer shall construct a minimum 5-foot-wide detached sidewalk and 
minimum 10-foot-wide landscape area located between the back of curb and 
sidewalk along the north side of Osborn Road planted to the following 
standards. Where utility conflicts exist, the developer shall work with the 
Planning and Development Department on alternative design solutions 
consistent with the creation of a comfortable pedestrian environment. 
 
 
 
 
a. 
All trees shall be of a large canopy, shade, and single-trunk variety with 
a minimum 3-inch caliper. 
 
 
 
 
b.  
At tree maturity, the trees shall shade the sidewalks to a minimum 75 
percent. 
 
 
 
 
c. 
Drought tolerant shrubs and vegetative groundcovers maintained to a 
maximum height of 24 inches to provide a minimum of 75 percent live 
coverage at maturity. 
 
 
2. 
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.6.d 
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. 
A bicycle repair station (“fix it station”) shall be provided and maintained 
by the developer near secure bicycle parking area.  
 
 
3. 
The developer shall dedicate a sidewalk easement for any streetscape area 
that falls outside of dedicated right-of-way, as approved by the Planning and 
Development Department.

4. 
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. 
 
 
5. 
Developer to record a Notice to Prospective Purchasers of Proximity to Airport, 
as required by the State, prior to final site plan approval. 
 
 
6. 
The developer shall provide documentation to the City prior to final site plan 
approval that Form 7460-1 has been filed for the development and that the 
development received a “No Hazard Determination” from the FAA. If temporary 
equipment used during construction exceeds the height of the FAA and a “NO 
Hazard Determination” obtained prior to the construction start date.  
 
 
7. 
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. 
 
 
8. 
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. 
 
 
9. 
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-26-22-4 
 
 
LOCATED IN THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 2 
NORTH, RANGE 3 EAST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN, 
MARICOPA COUNTY, ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS 
FOLLOWS:  
 
COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHEAST 
QUARTER, FROM WHICH THE EAST QUARTER CORNER BEARS SOUTH 89 
DEGREES 23 MINUTES 59 SECONDS EAST, A DISTANCE OF 2663.82 FEET;  
 
THENCE SOUTH 89 DEGREES 23 MINUTES 59 SECONDS EAST, ALONG THE 
SOUTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 484.31 FEET 
TO THE POINT OF BEGINNING;  
 
THENCE NORTH 00 DEGREES 39 MINUTES 44 SECONDS EAST, A DISTANCE 
OF 434.20 FEET TO THE MONUMENT LINE OF EAST MITCHELL DRIVE;  
 
THENCE SOUTH 89 DEGREES 24 MINUTES 33 SECONDS EAST, ALONG SAID 
MONUMENT LINE, A DISTANCE OF 411.36 FEET;  
 
THENCE SOUTH 00 DEGREES 33 MINUTES 10 SECONDS WEST, ALONG THE 
PROLONGATION OF THE WEST LINE OF LOT 1, AS RECORDED IN BOOK 726, 
PAGE 48, A DISTANCE OF 434.27 FEET TO THE SOUTH LINE OF SAID 
NORTHEAST QUARTER;  
 
THENCE NORTH 89 DEGREES 23 MINUTES 59 SECONDS WEST, ALONG SAID 
SOUTH LINE, A DISTANCE OF 412.18 FEET TO THE POINT OF BEGINNING.  
 
SAID PARCEL CONTAINS 178,804 SQUARE FEET OR 4.105 ACRES, MORE OR 
LESS.