Attachment A - Draft Ordinance - Z-158-24-7.pdf

City of Phoenix — Formal (2025-03-05)

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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-158-24-7) FROM R-3 (MULTIFAMILY 
RESIDENCE DISTRICT) TO R-5 (MULTIFAMILY RESIDENCE 
DISTRICT – RESTRICTED COMMERCIAL). 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 0.17-acre site located approximately 560 feet 
north of the northeast corner of 20th Avenue and Van Buren Street in a portion of 
Section 1, Township 1 North, Range 2 East, as described more specifically in Exhibit 
“A,” is hereby changed from “R-3” (Multifamily Residence District) to “R-5” (Multifamily 
Residence District – Restricted Commercial). 
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 maximum building height shall be limited to two stories or 30 feet. 
 
 
2. 
A pedestrian gate shall be provided at the southeast corner of the site as 
depicted on the site plan date stamped November 13, 2024, as approved by 
the Planning and Development Department.  
 
 
3. 
A minimum of four bicycle parking spaces shall be provided through Inverted U 
and/or artistic racks and installed per the requirements of Section 1307.H. of 
the Phoenix Zoning Ordinance, as approved by the Planning and Development 
Department. Artistic racks shall adhere to the City of Phoenix Preferred 
Designs in Appendix K of the Comprehensive Bicycle Master Plan. 
 
 
4. 
A minimum of one of the required bicycle parking spaces shall include standard 
electrical receptacles for electric bicycle charging capabilities, as approved by 
the Planning and Development Department. 
 
 
5. 
Bicycle parking spaces shall be shaded by a structure, landscaping, or a 
combination of the two to provide a minimum of 75% shade, as approved by 
the Planning and Development Department. 
 
 
6. 
A minimum of one green stormwater infrastructure (GSI) element for 
stormwater management shall be implemented, as approved or modified by the 
Planning and Development and/or Street Transportation departments. This 
includes but is not limited to stormwater harvesting basins, bioswales, 
permeable pavement, etc., per the Greater Phoenix Metro Green Infrastructure 
and Low Impact Development Details for Alternative Stormwater Management. 
 
 
7. 
Prior to final site plan approval, documentation shall be provided that 
demonstrates a commitment to participate in the Water Efficiency Checkup 
program for a minimum of 10 years, or as approved by the Planning and 
Development Department. 
 
 
8. 
All streets within and adjacent to the development shall be constructed 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. 
 
 
9. 
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.

10. 
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. 
 
 
11. 
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. 
 
 
12. 
Prior to final 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 5th day of March, 
2025.  
 
 
 
 
________________________________ 
 
 
 
       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 
 
LEGAL DESCRIPTION FOR Z-158-24-7 
 
THAT PORTION OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION 1, 
TOWNSHIP 1 NORTH, RANGE 2 EAST, GILA AND SALT RIVER MERIDIAN, 
MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: 
LOT 22, OF LYONHURST PLACE, ACCORDING TO THE PLAT OF RECORD IN 
THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, 
ARIZONA, RECORDED IN BOOK 4 OF MAPS, PAGE 68.