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Section 633. High-Rise Incentive District—High-Rise and Mixed Use District.
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The High-Rise Incentive District is a special district allowing greater residential building height and density within the central corridor of the infill area. The district, once implemented by Council adoption of a zoning map change, will permit high-rise buildings without further property owner actions and subject to approval of a site plan. The purpose of the district is to provide a stimulus to the development of residential and mixed commercial/residential projects within the central City area. This is in accord with the Phoenix Concept Plan 2000 working toward a balance between the central City employment and residential development.

The incentive district may be combined with R-4, R-4A, R-5, C-1, C-2, C-3, P-1, and P-2 districts and shall control those requirements which it sets forth.

The provisions of this section shall apply only to that area bounded by Seventh Avenue, Thomas Road, Seventh Street, and Harrison Street (Railroad).

A. Permitted uses. The permitted uses are as provided in the district with which the incentive district is combined. Only single-family and multi-family residential shall be permitted when this district is combined with the R-4 and R-4A districts. Except between Third Avenue and Third Street and in the "Downtown Core," as defined in the Downtown Specific Plan, in the R-5, C-1, C-2, and C-3 districts any development shall have at least fifty percent of the total gross floor area devoted to residential use, excluding parking, except as provided in Section 633.D below.

B. Yard, height and area requirements. For any site where there is development in excess of four stories or fifty-six feet:

1. There shall be a lot area of not less than two hundred square feet for each dwelling unit or efficiency apartment. There shall be no density requirements for hotel rooms.

2. There shall be the following yard requirements:

a. There shall be a front yard having a depth as provided in Section 701.D for C-1, C-2, and C-3 and as provided in the underlying district for R-4, R-4A, and R-5.

b. There shall be a side yard as provided in Section 701.D, subject to the exceptions provided in Sections 701.A.3 for C-1, C-2, and C-3 and as provided in the underlying district for R-4, R-4A, and R-5.

c. There shall be a rear yard having a depth as provided in Section 701.D for C-1, C-2, and C-3 and as provided in the underlying district for R-4, R-4A, and R-5.

d. Where a site boundary abuts a residential district, there shall be the following minimum side and rear yard setbacks from the abutting residential district:

(1) Side and rear yard shall be not less than fifteen feet for buildings up to fifty feet in height.

(2) For buildings over fifty feet in height there shall be an additional five-foot setback for each additional fifty feet of building height up to a maximum setback of thirty-five feet.

(3) The rear yard depth may be measured from the centerline of any existing sixteen-foot or wider alley or what would be the centerline of a full sixteen-foot or wider rear alley where only one-half or partial alley exists.

e. Yards for detached accessory buildings shall be as permitted in Section 706

3. The height of buildings between Seventh Street and Seventh Avenue shall be limited by location as follows:

a. There shall be no height limit between McKinley and Harrison Streets.

b. Between McKinley Street and Thomas Road no building shall exceed a height of two hundred and fifty feet.

(1) Requests to exceed the two-hundred-fifty-foot height limit may be granted by the City Council upon recommendation from the Planning Commission and in accordance with Section 506 of this ordinance upon a finding that such additional height is not detrimental to adjacent property or the public welfare in general. Request to amend a previously approved high-rise incentive application shall follow the procedures set forth in Section 506

c. In no case shall the height of a building exceed the height limits as set forth in "The Sky Harbor Airport Zoning Ordinance" where the requirements of said ordinance are more restrictive than those set forth above.

d. Neither the Zoning Administrator nor the Board of adjustment shall have jurisdiction to vary the terms of this paragraph.

C. Development review approval. In the incentive district, any development shall be in accordance with a site plan approved by the Planning and Development Department’s representative to the Site Planning Division of the Planning and Development Department as provided in Section 507.

D. Mixed use development. For mixed commercial/residential development, the maximum fifty percent gross floor area devoted to commercial usage may be increased up to seventy-five percent commercial usage, according to the following:

1. The inclusion in the development plan of a pedestrian mall at the ground level of the structure shall allow a ten percent increase in commercial gross floor area. The pedestrian mall shall include the following:

a. Fountains (water elements) and sculptures.

b. Decorative paving, public bench and seating area.

c. Live plant materials (trees, shrubbery and ground cover).

d. Bicycle racks.

e. Arcades.

f. Architectural treatment of mall and structure responsive to adjacent structural design.

g. Public outdoor drinking fountains.

2. The inclusion in the development plan of any of the following amenities shall allow the commercial gross floor area to be increased by five percent per amenity, with a maximum allowable increase of ten percent:

a. Increased building setbacks in increments of five feet beyond all required setbacks.

b. Observatory room at the top of the high-rise structure with access for the public.

c. Athletic facilities located on or within the structure or within the mall area.

d. Rooftop gardens and patios open to the public.

3. The inclusion in the development plan of any of the following amenities shall allow the commercial gross floor area to be increased by five percent per amenity, with a maximum allowable increase of five percent:

a. Solar orientation of structure and responsiveness to Phoenix climatic conditions.

b. Building efficiency and energy orientation.

4. The acceptance of these amenities would be by the Planning and Development Department’s representative to the Site Planning Division of the Planning and Development Department at the time of development review approval to determine the permitted commercial floor area.

E. Reserved. (Ord. No. G-3492, 1992; Ord. No. G-5086, 2008)