Attachment A - Draft Ordinance - Z-SP-12-22-8.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-SP-12-22-8) FROM A-2 RSIOD (INDUSTRIAL 
DISTRICT, RIO SALADO INTERIM OVERLAY DISTRICT) TO A-2 
SP RSIOD (INDUSTRIAL DISTRICT, SPECIAL PERMIT, RIO 
SALADO INTERIM OVERLAY DISTRICT). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 3.77-acre property located approximately 
260 feet north of the northeast corner of 24th Street and University Drive in a portion of 
Section 14, Township 1 North, Range 3 East, as described more specifically in Exhibit 
“A,” is hereby changed from “A-2 RSIOD” (Industrial District, Rio Salado Interim Overlay 
District) to “A-2 SP RSIOD” (Industrial District, Special Permit, Rio Salado Interim 
Overlay District) to allow a homeless shelter. 
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 development shall be in general conformance to the site plan date stamped 
February 7, 2023, as modified by the following stipulations and approved by the 
Planning and Development Department. 
 
 
2. 
The site shall contain a maximum of 117 beds.  
 
 
3.  
An Operational Plan shall be developed to govern operational features of the 
shelter. The plan shall address at minimum, the following: 
 
 
 
 
a.  
The facility shall operate as a “Closed Campus” (defined as no walk-up 
admission to the program with all screening of potential program participants 
to be held off-site). 
 
 
 
 
b. 
Any services, on-site, will be provided only to program participants residing 
in the shelter. 
 
 
 
 
c. 
Program participants will be screened for eligibility prior to admission. 
 
 
 
 
d.  
On-site security shall be provided 24 hours a day, 7 days a week. 
 
 
 
 
e. 
Security video cameras will be provided on the site and monitored to secure 
the site. 
 
 
 
 
f. 
A hotline number shall be maintained for surrounding businesses to call and 
notify the operator of any potential issues. 
 
 
 
 
g. 
Drugs and/or alcohol are to be prohibited. 
 
 
 
 
h. 
Signage discouraging loitering shall be posted and visible from public rights-
of-way. 
 
 
 
 
i. 
Procedures for discharge. 
 
 
 
4. 
The operator shall engage with members of the community as listed below:

a. 
The operator shall host semiannual community meetings to allow for 
opportunities to discuss any concerns and follow up requests related to site 
operations.  
 
 
 
 
b. 
The operator shall maintain updated facility contact information and provide 
the contact information to the community leaders of registered neighborhood 
organizations within a one-mile radius of the subject site to address any 
issues that may arise.  
 
 
5. 
The operator shall enroll in a virtual block watch program with the City of Phoenix 
Police Department. 
 
 
6. 
The perimeter of the site shall be fenced to secure the site, as approved by the 
Planning and Development Department.  
 
 
7. 
Site lighting shall be provided at building entrances/exits and parking and refuse 
areas, as approved by the Planning and Development Department. 
 
 
8. 
Landscaping shall be replenished with minimum 2-inch caliper shade trees within 
the existing landscape setback along 24th Street and surface parking lot, as 
approved by the Planning and Development Department. 
 
 
 9. 
The developer shall dedicate a minimum 10-foot-wide sidewalk easement along 
the east side of 24th Street, as approved by the Planning and Development 
Department. 
 
 
10. Upon complete redevelopment or development that increases the 
cumulative floor area by more than 15% from that depicted on the site 
plan date stamped February 7, 2023, the developer shall construct a minimum 6-
foot-wide detached sidewalk and minimum 10-foot-wide landscape strip located 
between the back of curb and sidewalk along the east side of side of 24th Street, 
as approved by the Planning and Development Department. The landscape strip 
shall be planted with minimum 2-inch caliper shade trees. Where utility conflicts 
exist, the developer shall work with the Planning and Development Department 
on alternative design solutions consistent with a pedestrian environment. 
 
 
11. 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.

12. The property owner 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.  
 
 
13. If determined necessary by the Phoenix Archaeology Office, the applicant shall 
conduct Phase I data testing and submit an archaeological survey report of the 
development area for review and approval by the City Archaeologist prior to 
clearing and grubbing, landscape salvage, and/or grading approval. 
 
 
14. If Phase I data testing is required, and if, upon review of the results from the 
Phase I data testing, the City Archaeologist, in consultation with a qualified 
archaeologist, determines such data recovery excavations are necessary, the 
applicant shall conduct Phase II archaeological data recovery excavations. 
 
 
15. 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. 
 
 
16. 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 28th day of June, 
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 (2 Pages) 
B – Ordinance Location Map (1 Page)

EXHIBIT A 
 
LEGAL DESCRIPTION FOR Z-SP-12-22-8 
THE LAND REFERRED TO HEREIN BELOW IS SITUATED PHOENIX, IN THE 
COUNTY OF MARICOPA, STATE OF ARIZONA, AND IS DESCRIBED AS FOLLOWS: 
PARCEL NO. 1: (Tax Parcel No. 121-43-057V)  
That portion of the Southwest quarter of Section 14, Township 1 North, Range 3 East of 
the Gila and Salt River Base and Meridian, Maricopa County, Arizona, and the portion 
of Lot 1, ARIZONA INTERSTATE INDUSTRIAL CENTER UNIT THREE, as shown on 
the pat recorded in Book 110 of Maps, page 49, records of Maricopa County, Arizona, 
described as follows 
BEGINNING at a point on the West line of Lot 1, from which the Southwest corner of 
said Lot 1 bears South 00 degrees 12 minutes 30 seconds West, 247.36 feet; 
thence South 89 degrees 24 minutes 30 seconds East, 176.40 feet; 
thence North 00 degrees 35 minutes 30 seconds East, 331.19 feet to the North line of 
Lot 1 which is also the South right-of-way line of Interstate Highway 10; 
thence North 76 degrees 39 minutes 20 seconds West, 183.41 feet along said right-of-
way of Interstate Highway 10 to the Northwest corner of Lot 1; 
thence continuing North 76 degrees 39 minutes 20 seconds West, 30.77 feet along said 
right-of-way line; 
thence North 73 degrees 50 minutes 00 seconds West, 41.77 feet along said right-of-
way line; 
thence North 89 degrees 48 minutes 30 seconds West, 22.86 feet; 
thence South 00 degrees 35 minutes 30 seconds West, 201.73 feet; 
thence North 89 degrees 24 minutes 30 seconds West, 248.00 feet to the East right-of-
way line of 24th Street; 
thence South 00 degrees 35 minutes 30 seconds West, 187.80 feet along said right-of-
way line of 24th Street; 
thence South 89 degrees 24 minutes 30 seconds East, 248.00 feet; 
thence South 89 degrees 24 minutes 30 seconds East, 95.60 feet to the POINT OF 
BEGINNING. 
Parcel No. 2: (Tax Parcel No. 121-43-077)  
That portion of the Southwest quarter of Section 14, Township 1 North, Range 3 East of 
the Gila and Salt River Base and Meridian Maricopa County, Arizona, described as 
follows;

(The basis of bearings for this description is the West line of said Southwest quarter of 
the Southwest quarter (centerline of 24th Street) which bears North 00 degrees 35 
minutes 30 seconds West.) 
BEGINNING at the Northwest corner of said Southwest quarter of the Southwest 
quarter of Section 14; 
thence South 89 degrees 48 minutes 30 seconds East, 40.00 feet along the North line 
of said Southwest quarter of the Southwest quarter of Section 14 to a point on the East 
line of 24th Street; 
thence South0 0 degrees 35 minutes 30 seconds East, 200.00 feet along said East line 
of 24th Street; 
thence North 89 degrees 24 minutes 30 seconds East, 186.00 feet to the East line of 
the property described in instrument recorded in Docket 12288, page 1442, said point 
being the TRUE POINT OF BEGINNING; 
thence North 89 degrees 24 minutes 30 seconds East, 62.00 feet to the East line of the 
property described in Docket 9913, page 316;  
thence North 00 degrees 35 minutes 30 seconds West along said East line, 68.00 feet; 
thence South 89 degrees 24 minutes 30 seconds West, 62.00 feet to the East line of 
said property; 
thence South 00 degrees 35 minutes 30 seconds East, 68.00 feet to the POINT OF 
BEGINNING.