Attachment A - Draft Ordinance - Z-86-22-8.pdf

City of Phoenix — Formal (2023-05-03)

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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-86-22-8) FROM R-4 TOD-2 (MULTIFAMILY 
RESIDENCE DISTRICT, INTERIM TRANSIT-ORIENTED ZONING 
OVERLAY DISTRICT TWO) AND A-1 TOD-2 (LIGHT INDUSTRIAL 
DISTRICT, INTERIM TRANSIT-ORIENTED ZONING OVERLAY 
DISTRICT TWO) TO WU CODE T4:3 GW (WALKABLE URBAN 
CODE, TRANSECT 4:3 DISTRICT, TRANSIT GATEWAY 
CHARACTER AREA) AND WU CODE T5:5 GW (WALKABLE 
URBAN CODE, TRANSECT 5:5 DISTRICT, TRANSIT GATEWAY 
CHARACTER AREA). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 2.39 acre site located approximately 250 feet 
east of the northeast corner of 25th Street and Washington Street in a portion of Section 
11, Township 1 North, Range 3 East, as described more specifically in Exhibit “A,” is 
hereby changed from 0.80 acres of “R-4 TOD-2” (Multifamily Residence District, Interim 
Transit-Oriented Zoning Overlay District Two) and 1.59 acres of “A-1 TOD-2” (Light 
Industrial District, Interim Transit-Oriented Zoning Overlay District Two), to 0.80 acres of 
“WU Code T4:3 GW” (Walkable Urban Code, Transect 4:3 District, Transit Gateway

Character Area) and 1.59 acres of “WU Code T5:5 GW” (Walkable Urban Code, 
Transect 5:5 District, Transit Gateway 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. 
A minimum of one common entry shall be provided for each street frontage, 
except for buildings where every unit has private entry directly to the street, 
as approved by the Planning and Development Department. 
 
 
2. 
The development shall incorporate bicycle infrastructure as described below 
and as approved by the Planning and Development Department. 
 
 
 
a. 
A minimum of half of 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 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 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. 
 
 
3. 
The public sidewalk along Washington Street shall be constructed to a 
minimum width of 8 feet and detached from the back of curb by a minimum 
10-foot-wide landscape area, 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. 
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. 
 
 
6. 
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. 
 
 
7. 
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. 
 
 
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 3rd day of May, 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 (3 Pages) 
B – Ordinance Location Map (1 Page)

EXHIBIT A 
 
DESCRIPTION FOR 2522, 2524 & 2532 E. WASHINGTON STREET, 
PHOENIX, AZ 85034 FOR REZONING 
 
A PORTION OF THE NORTH 50.00 FEET OF WASHINGTON STREET AND A 
PORTION OF THOSE PARCELS DESCRIBED IN WARRANTY DEED RECORDED IN 
DOCUMENT NO. 2022-0387544, AND SPECIAL WARRANTY DEED RECORDED IN 
DOCUMENT NO. 2020-0887101, RECORDS OF MARICOPA COUNTY, ARIZONA, 
LOCATED IN THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 1 NORTH, 
RANGE 3 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA 
COUNTY, ARIZONA, BEING MORE PARTTCULARLY DESCRIBED AS FOLLOWS: 
 
COMMENCING AT THE 3-INCH BRASS CAP IN HANDHOLE (0.70' DOWN) 
MARKING THE NORTHWEST CORNER OF SAID SECTION 11 FROM WHICH A 
STONE IN HANDHOLE (1.20' DOWN) MARKING THE NORTH QUARTER CORNER 
OF SAID SECTION 11, BEARS SOUTH 89 DEGREES 44 MINUTES 54 SECONDS 
EAST 2635.61 FEET, SAID DESCRIBED LINE BEING THE BASIS OF BEARINGS OF 
THIS DESCRIPTION. 
 
THENCE SOUTH 00 DEGREES 24 MINUTES 47 SECONDS WEST 1117.43 FEET 
ALONG THE WEST LINE OF SAID NORTHWEST QUARTER TO ITS INTERSECTION 
WITH THE MONUMENT LINE OF WASHINGTON STREET; 
 
THENCE SOUTH 89 DEGREES 25 MINUTES 40 SECONDS EAST 978.15 FEET 
ALONG SAID MONUMENT LINE TO THE SOUTHERLY PROLONGATION OF THE 
WEST LINE OF THAT PARCEL DESCRIBED IN SAID DOCUMENT NO. 2020-
0887101, AND THE POINT OF BEGINNING; 
 
THENCE NORTH 00 DEGREES 25 MINUTES 09 SECONDS EAST 204.84 FEET 
ALONG SAID WEST LINE TO THE NORTH LINE OF SAID PARCELS; 
 
THENCE SOUTH 89 DEGREES 44 MINUTES 36 SECONDS EAST 339.45 FEET 
ALONG THE NORTH LINE OF SAID PARCELS TO THE EAST LINE OF THAT 
PARCEL DESCRIBED IN SAID DOCUMENT NO. 2022-0387544; 
 
THENCE SOUTH 00 DEGREES 25 MINUTES 09 SECONDS WEST 206.71 FEET 
ALONG SAID EAST LINE TO SAID MONUMENT LINE; 
 
THENCE NORTH 89 DEGREES 25 MINUTES 40 SECONDS WEST 339.45 FEET 
ALONG SAID MONUMENT LINE TO THE POINT OF BEGINNING. 
 
COMPRISING 69,850 SQUARE FEET MORE OR LESS. 
 
DESCRIPTION FOR 2529 E. ADAMS STREET, PHOENIX, AZ 85034 FOR REZONING

A PORTION OF THE SOUTH 30.00 FEET OF ADAMS STREET AND A PORTION OF 
THAT PARCEL DESCRIBED IN WARRANTY DEED RECORDED IN DOCUMENT NO. 
2022-0387544, RECORDS OF MARICOPA COUNTY, ARIZONA, LOCATED IN THE 
NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 1 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 3-INCH BRASS CAP IN HANDHOLE (0.70' DOWN) 
MARKING THE NORTHWEST CORNER OF SAID SECTION 11 FROM WHICH A 
STONE IN HANDHOLE (1.20' DOWN) MARKING THE NORTH QUARTER CORNER 
OF SAID SECTION 11, BEARS SOUTH 89 DEGREES 44 MINUTES 54 SECONDS 
EAST 2635.61 FEET, SAID DESCRIBED LINE BEING THE BASIS OF BEARINGS OF 
THIS DESCRIPTION; 
 
THENCE SOUTH 00 DEGREES 24 MINUTES 47 SECONDS WEST 742.98 FEET 
ALONG THE WEST LINE OF SAID NORTHWEST QUARTER TO ITS INTERSECTION 
WITH THE MONUMENT LINE OF ADAMS STREET; 
 
THENCE SOUTH 89 DEGREES 44 MINUTES 36 SECONDS EAST 1153.19 FEET 
ALONG SAID MONUMENT LINE TO THE NORTHERLY PROLONGATION OF THE 
WEST LINE OF SAID PARCEL AND THE POINT OF BEGINNING; 
 
THENCE CONTINUING SOUTH 89 DEGREES 44 MINUTES 36 SECONDS EAST 
100.00 FEET ALONG SAID MONUMENT LINE TO THE NORTHERLY 
PROLONGATION OF THE EAST LINE OF SAID PARCEL; 
 
THENCE SOUTH 00 DEGREES 25 MINUTES 09 SECONDS WEST 175.00 FEET 
ALONG SAID EAST LINE; 
 
THENCE NORTH 89 DEGREES 44 MINUTES 36 SECONDS WEST 100.00 FEET TO 
THE WEST LINE OF SAID PARCEL; 
 
THENCE NORTH 00 DEGREES 25 MINUTES 09 SECONDS EAST 175.00 FEET 
ALONG SAID WEST LINE TO THE POINT OF BEGINNING. 
 
COMPRISING 17,500 SQUARE FEET MORE OR LESS. 
 
DESCRIPTION FOR 2523 E. ADAMS STREET, PHOENIX, AZ 85034 
FOR REZONING 
 
A PORTION OF THE SOUTH 30.00 FEET OF ADAMS STREET AND A PORTION OF 
THAT PARCEL DESCRIBED IN SPECIAL WARRANTY DEED RECORDED IN 
DOCUMENT NO. 2020-0887101, RECORDS OF MARICOPA COUNTY, ARIZONA, 
LOCATED IN THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 1 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 3-INCH BRASS CAP IN HANDHOLE (0.70' DOWN) 
MARKING THE NORTHWEST CORNER OF SAID SECTION 11 FROM WHICH A 
STONE IN HANDHOLE (1.20' DOWN) MARKING THE NORTH QUARTER CORNER 
OF SAID SECTION 11, BEARS SOUTH 89 DEGREES 44 MINUTES 54 SECONDS 
EAST 2635.61 FEET, SAID DESCRIBED LINE BEING THE BASIS OF BEARINGS OF 
THIS DESCRIPTION; 
 
THENCE SOUTH 00 DEGREES 24 MINUTES 47 SECONDS WEST 742.98 FEET 
ALONG THE WEST LINE OF SAID NORTHWEST QUARTER TO ITS INTERSECTION 
WITH THE MONUMENT LINE OF ADAMS STREET; 
 
THENCE SOUTH 89 DEGREES 44 MINUTES 36 SECONDS EAST 1003.19 FEET 
ALONG SAID MONUMENT LINE TO THE NORTHERLY PROLONGATION OF THE 
WEST LINE OF SAID PARCEL AND THE POINT OF BEGINNING; 
 
THENCE CONTINUING SOUTH 89 DEGREES 44 MINUTES 36 SECONDS EAST 
100.00 FEET ALONG SAID MONUMENT LINE TO THE NORTHERLY 
PROLONGATION OF THE EAST LINE OF SAID PARCEL; 
 
THENCE SOUTH 00 DEGREES 25 MINUTES 09 SECONDS WEST 175.00 FEET 
ALONG SAID EAST LINE; 
 
THENCE NORTH 89 DEGREES 44 MINUTES 36 SECONDS WEST 100.00 FEET TO 
THE WEST LINE OF SAID PARCEL; 
 
THENCE NORTH 00 DEGREES 25 MINUTES 09 SECONDS EAST 175.00 FEET 
ALONG SAID WEST LINE TO THE POINT OF BEGINNING. 
 
COMPRISING 17,500 SQUARE FEET MORE OR LESS.