Attachment A - Draft Ordinance - Z-83-25-4.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 (CASE Z-83-25-4) FROM C-2 TOD-1 (INTERMEDIATE 
COMMERCIAL, INTERIM TRANSIT-ORIENTED ZONING 
OVERLAY DISTRICT ONE) TO WU CODE T5:6 SL (WALKABLE 
URBAN CODE, TRANSECT 5:6 DISTRICT, TRANSIT SOLANO 
CHARACTER AREA).  
 
___________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 12.40-acre site located at the southeast 
corner of 19th Avenue and Montebello Avenue in a portion of Section 18, Township 2 
North, Range 3 East, as described more specifically in Exhibit “A,” is hereby changed 
from “C-2 TOD-1” (Intermediate Commercial, Interim Transit-Oriented Zoning Overlay 
District One) to “WU Code T5:6 SL” (Walkable Urban Code, Transect 5:6 District, 
Transit Solano 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 site plan and elevations shall be presented for review and comment to the 
Alhambra Village Planning Committee prior to preliminary site plan approval. 
 
 
2. 
The maximum building height shall not exceed 56 feet, except that the 
maximum building height may be increased to 80 feet, if a minimum of 30% of 
the dwelling units are provided as Affordable Housing, as approved by the 
Planning and Development Department and Housing Department. 
 
 
3. 
The development shall contain a vertical mix of land uses such as residential 
and nonresidential, as approved by the Planning and Development 
Department. A minimum of 5,000 square feet of non-residential uses shall be 
provided along 19th Avenue and/or Montebello Avenue (along the northside of 
site, south of the transit center) and shall not include lobby, exercise, reception 
areas or other similar uses intended for exclusive use by residents.  
 
 
4. 
The development shall utilize storefront, gallery, forecourt, or arcade frontage 
types, or a mix thereof, for a minimum of 50% of the provided frontage along 
19th Avenue, as approved by the Planning and Development Department.  
 
 
5. 
The northern edge of the site, south of the transit center, shall be treated as 
street frontage (secondary frontage) and building setbacks/build-to dimensions 
shall be measured from the back of any easements (public utilities, public 
pedestrian access, maintenance, etc.), as approved by the Planning and 
Development Department. 
 
 
6. 
The northwest corner of the building, south of the transit center, shall 
incorporate enhanced corner treatment, as approved by the Planning and 
Development Department.  
 
 
7. 
The development shall utilize storefront, gallery, or arcade frontage types, or a 
mix thereof, for a minimum of 50% of the provided frontage along the northern 
edge of the site, south of the transit center, as approved by the Planning and 
Development Department. 
 
 
8. 
The development shall include balconies for a minimum of 50% of dwelling 
units along the perimeters of the building/s along 19th Avenue and Montebello 
Avenue; or an alternative feature to achieve natural surveillance, such as an 
amenity deck on any floor above the ground floor, as approved by the Planning

and Development Department.  
 
 
9. 
The required pedestrian accessways designed in accordance with 1304.G and 
1304.H shall be provided as described below, as approved by the Planning and 
Development Department. 
 
 
 
a.  
A pedestrian accessway shall run east-west approximately along the 
Luke Avenue alignment and extend from the sidewalk on 19th Avenue to 
the eastern edge of the property where it will terminate at a pedestrian 
accessway along 17th Avenue street or alignment. 
 
 
 
 
 
i. 
A minimum 1,000 square foot plaza shall be provided where the 
accessway meets the public sidewalk at 19th Avenue to denote 
and activate the entrance to the paseo with a minimum of one 
artistic enhancement. This space may count toward the minimum 
requirement for publicly accessible.  
 
 
 
 
b.  
A pedestrian accessway shall run north-south along the eastern property 
line and extend from the transit center on the north to the southern edge 
of the site. 
 
 
10. 
Bicycle infrastructure shall be provided, as described below and as approved by 
the Planning and Development Department. 
 
 
 
 
a. 
A bicycle repair station (“fix-it station”) shall be provided maintained 
within or near secure bicycle parking areas and separated from vehicular 
maneuvering areas, where applicable. 
 
 
 
 
b. 
All required bicycle parking for multifamily use, per Section 1307.H.6.d of 
the Phoenix Zoning Ordinance, shall be secured parking. 
 
 
 
 
c. 
Guest bicycle parking 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. 
 
 
 
 
d. 
A minimum of 10% of the provided bicycle parking spaces shall include 
standard electrical receptacles for electric bicycle charging capabilities. 
 
 
11. 
A minimum of 5% of the required parking spaces shall include EV-Installed 
infrastructure. 
 
 
12. 
A minimum of two green stormwater infrastructure (GSI) elements 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. 
 
 
13. 
A minimum of 25% of the surface parking areas shall be shaded, as approved 
by the Planning and Development Department. Shade may be achieved by 
structures or by minimum 2-inch caliper, drought tolerant, shade trees, or a 
combination thereof. 
 
 
14. 
Natural turf shall only be utilized for required retention areas (bottom of basin, 
and only allowed on slopes if required for slope stabilization) and functional turf 
areas, as approved by the Planning and Development Department. 
 
 
15. 
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.  
 
 
16. 
A minimum of 10% of the required shrubs shall be milkweed or other native 
nectar species, and shall be planted in groups of three or more, as approved by 
the Planning and Development Department. 
 
 
17. 
The developer shall deposit a minimum $50,000.00 in escrow to the Street 
Transportation Department to fund a traffic control device on Montebello 
Avenue, between 15th Avenue and 19th Avenue, prior to final site plan 
approval for first phase of development. 
 
 
18. 
All mitigation improvements shall be constructed and/or funded as identified in 
the forthcoming accepted Traffic Impact Analysis. 
 
 
19. 
Existing streetscape beginning at back of curb, and median islands shall be 
replenished with the approved landscaping and trees along Montebello 
Avenue, as approved by the Planning and Development Department. 
 
 
20. 
Replace unused driveways with sidewalk, curb, and gutter. Also, replace any 
broken or out-of-grade curb, gutter, sidewalk, and curb ramps on all streets and 
upgrade all off-site improvements to be in compliance with current ADA 
guidelines. 
 
 
21. 
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. 
 
 
22. 
The transit center at the north end of the property shall be retained, as 
approved by the Planning and Development Department.

23. 
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. 
 
 
24. 
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. This stipulation shall not be applicable if the property 
is owned by the City of Phoenix. 
 
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 December, 
2025.  
 
 
 
 
________________________________ 
 
 
 
    MAYOR  
 
 
ATTEST:  
 
 
_________________________  
Denise Archibald, City Clerk 
 
 
APPROVED AS TO FORM: 
Julie M. Kriegh, City Attorney 
 
 
By: 
_________________________  
_________________________

REVIEWED BY:  
 
 
_________________________  
Ed Zuercher, City Manager 
 
 
 
Exhibits: 
A – Legal Description (1 Pages) 
B – Ordinance Location Map (1 Page)

EXHIBIT A 
 
LEGAL DESCRIPTION FOR Z-83-25-4 
 
WITHIN A PORTION OF SECTION 18, TOWNSHIP 2 NORTH, RANGE 3 EAST OF 
THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, 
ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 
 
LOT 1, OF VALLEY METRO RAIL TRANSIT CENTER AND PARK & RIDE AT 
MONTEBELLO AVENUE AND 19TH AVENUE, ACCORDING TO THE PLAT OF 
RECORD IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, 
ARIZONA, RECORDED IN BOOK 908 OF MAPS, PAGE 20.