Attachment A - Draft Ordinance - Z-37-21-4.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 ORDINANCE BY CHANGING THE ZONING DISTRICT 
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN  
(Z-37-21-4) FROM R-3 (MULTIFAMILY RESIDENCE DISTRICT) 
TO WU CODE T4:2 SL (WALKABLE URBAN CODE, TRANSECT 
4:3, TRANSIT SOLANO CHARACTER AREA). 
 
____________ 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 0.50-acre site located approximately 207 feet 
north of the northeast corner of 17th Avenue and Colter Street, in a portion of Section 
18, Township 2 North and Range 3 East, as described more specifically in Exhibit “A”, is 
hereby changed from “R-3” (Multifamily Residence District) to “WU Code T4:2 SL” 
(Walkable Urban Code, Transect 4:3, 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.  
Prior to the issuance of a Certificate of Occupancy for any units beyond seven, 
the developer shall detach the public sidewalk in compliance with Chapter 
1312(E)(1)(c) of the Phoenix Zoning Ordinance and provide a minimum 75 
percent shade, as approved by the Planning and Development Department. 
Where utility conflicts exist, the developer shall work with the Planning and 
Development Department on alternative design solutions consistent with the 
creation of a comfortable pedestrian environment. If the site plan is modified in 
accordance with Stipulation No. 4, the conditions of this stipulation shall be 
superseded by the provisions of the Walkable Urban Code. 
 
 
2. 
Prior to the issuance of a Certificate of Occupancy for any units beyond seven, 
the developer shall provide secure bicycle parking for residents at a rate of 
0.25 spaces per unit and Inverted-U style racks for 4 bicycles per the 
installation requirements of Chapter 13 of the Phoenix Zoning Ordinance, as 
approved by the Planning and Development Department. If the site plan is 
modified in accordance with Stipulation No. 4, the conditions of this stipulation 
shall be superseded by the provisions of the Walkable Urban Code. 
 
 
3. 
Prior to the issuance of a Certificate of Occupancy for any units beyond seven, 
all on-site pedestrian pathways and required amenity areas shall be shaded to 
a minimum 50 percent through vegetative methods, as approved by the 
Planning and Development Department. If the site plan is modified in 
accordance with Stipulation No. 4, the conditions of this stipulation shall be 
superseded by the provisions of the Walkable Urban Code. 
 
 
4. 
A conceptual site plan and elevations shall be administratively approved by the 
Planning Hearing Officer prior to preliminary site plan approval with specific 
regard to the inclusion of the below elements for any expansion or modification 
to the buildings on the site exceeding 10 percent from the site plan date 
stamped June 11, 2021. This review is for conceptual purposes only. Specific 
development standards and requirements will be determined by the Planning 
and Development Department.  
 
a. 
Shaded and detached sidewalks. 
 
b. 
Frontage types oriented to 17th Avenue. 
 
c. 
Maximum building setbacks of 15 feet along 17th Avenue. 
 
d. 
Minimum building setbacks of 15 feet along the east property line. 
 
 
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. 
 
 
7 
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 November, 
2021. 
 
 
 
 
________________________________ 
 
 
 
       MAYOR  
 
ATTEST:  
 
 
_________________________  
Denise Archibald, City Clerk 
 
 
APPROVED AS TO FORM: 
Cris Meyer, City Attorney 
 
 
By: 
_________________________  
_________________________ 
 
 
REVIEWED BY:

_________________________  
Jeff Barton, City Manager 
 
 
Exhibits: 
A – Legal Description (1 Page) 
B – Ordinance Location Map (1 Page)

EXHIBIT A 
 
LEGAL DESCRIPTION FOR Z-37-21-4 
 
Located in the Northeast Quarter of the Southwest Quarter of Section 18, Township 2 
North, Range 3 East, Gila and Salt River Meridian, Maricopa County, Arizona. 
 
Being a portion of Lot 5 & 6, Block 2 as shown on the Final Plat of Nile Tract, recorded 
in Book 14, Page 9, Maricopa County Records; 
 
Commencing at the Southwest corner of said Northeast Quarter, from which the 
Southeast corner of said Northeast Quarter bears North 90°00’00” East; 
 
Thence North 00°43'34" West, along the West line of said Northeast Quarter, a distance 
of 224.94 feet to the Point of Beginning; 
 
Thence continuing along said West line, North 00°43'34" West, a distance of 120.00 
feet to a line which is coincident with the North line of the South half of said Lot 5 and 6; 
 
Thence departing said West line, North 89°59'58" East, along said coincident line and 
said North line a distance of 181.10 feet to the West line of the Final Plat for Colter 
Close, recorded in Book 525, Page 9, Maricopa County Records; 
 
Thence departing said North line, South 00°43'34" East, along last said West line, a 
distance of 120.00 feet to the North line of that certain parcel of land as described in 
Special Warranty Deed document number 2019- 0811644, Maricopa County Records; 
 
Thence departing said West line, South 89°59'58" West, along last said North line, a 
distance of 181.10 feet to the Point of Beginning. 
 
Containing 21,730.25 square feet or 0.50 acres, more or less.