Attachment A - Draft Ordinance - Z-27-A-11-8.pdf

City of Phoenix — Formal (2020-12-02)

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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 ORDINANCE BY CHANGING THE ZONING DISTRICT 
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN 
(CASE Z-27-A-11-8) FROM PUD (PLANNED UNIT 
DEVELOPMENT) AND PUD HP ACOD (PLANNED UNIT 
DEVELOPMENT, HISTORIC PRESERVATION OVERLAY, ARTS, 
CULTURE AND SMALL BUSINESS OVERLAY) TO PUD 
(PLANNED UNIT DEVELOPMENT) AND PUD HP ACOD 
(PLANNED UNIT DEVELOPMENT, HISTORIC PRESERVATION 
OVERLAY, ARTS, CULTURE AND SMALL BUSINESS 
OVERLAY). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 1.01-acre site located at the northeast corner 
of 12th Street and Roosevelt Street in a portion of Section 4, Township 1 North, Range 
3 East, as described more specifically in Exhibit “A”, is hereby changed from 0.47 acres 
of “PUD” (Planned Unit Development) and 0.54 acres of “PUD HP ACOD” (Planned Unit 
Development, Historic Preservation Overlay, Arts, Culture and Small Business Overlay) 
to 0.47 acres of “PUD” (Planned Unit Development) and 0.54 acres of “PUD HP ACOD”

(Planned Unit Development, Historic Preservation Overlay, Arts, Culture and Small 
Business 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. 
An updated Development Narrative for the Alwun House PUD reflecting the 
changes approved through this request shall be submitted to the Planning and 
Development Department within 30 days of City Council approval of this 
request. The updated Development Narrative shall be consistent with the 
Development Narrative date stamped September 28, 2020, as modified by the 
following stipulations: 
 
 
 
a. 
Front cover: Revise the date information on the bottom to add the 
following: Major Amendment First Submittal: July 15, 2020; Major 
Amendment Second Submittal: September 8, 2020; Major Amendment 
City Council adopted: [Add adoption date]. 
 
 
2.  
The developer shall provide a No Hazard Determination for the proposed 
development from the FAA pursuant to the FAA’s Form-7460 obstruction 
analysis review process, prior to construction permit approval, as per plans 
approved by the Planning and Development Department.   
 
 
3.  
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. 
 
 
4.  
The developer shall grant and record an aviation 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.

5.  
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. 
 
 
6.  
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. 
 
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 2nd day of December 
2020.  
 
 
 
 
________________________________ 
 
 
 
       MAYOR  
 
 
ATTEST: 
 
 
____________________________City Clerk 
 
 
APPROVED AS TO FORM: 
 
____________________________City Attorney 
 
 
REVIEWED BY:  
 
____________________________City Manager

Exhibits: 
A – Legal Description (1 Page) 
B – Ordinance Location Map (1 Page)

EXHIBIT A 
 
LEGAL DESCRIPTION FOR Z-27-A-11 
 
Within a portion of Section 4, Township 1 North, Range 3 East of the Gila and Salt River 
Base and Meridian, Maricopa County, Arizona, being more particularly described as 
follows: 
 
Northern Parcel (APN 116-23-148B) 
Lot 10 TOGETHER WITH the South 84 feet of Lots 11 and 12 in SEDLER’S ADDITION, 
according to the plat of record in the Office of the County Recorder of Maricopa County, 
Arizona, recorded in Book 7 of Maps, Page 27. 
 
Southern Parcel (APN 116-23-149A) 
The following real property situation in MARICOPA County, Arizona: Lots 13 and 14, 
SEDLER’S ADDITION, according to Book 7 of Maps, page 27, records of MARICOPA 
County, Arizona.