Attachment A - Draft Ordinance - Z-36-21-6.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 
(CASE Z-36-21-6) FROM C-2 SP (INTERMEDIATE COMMERCIAL 
DISTRICT, SPECIAL PERMIT) TO R-3 (MULTIFAMILY 
RESIDENCE DISTRICT).  
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 0.27 acre site located approximately 565 feet 
south of the southeast and southwest corners of 13th Place and Colter Street in a 
portion of Section 16, Township 2 North, Range 3 East, as described more specifically 
in Exhibit “A”, is hereby changed from “C-2 SP” (Intermediate Commercial District, 
Special Permit) to “R-3” (Multifamily Residence District). 
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 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. 
 
 
2. 
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. 
 
 
3. 
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-36-21-6 
 
A PORTION OF SECTION 16, TOWNSHIP 2N, RANGE 3E. 
 
TRACT A OF THE FINAL PLAT OF ABC NISSAN EXPANSION, RECORDED AS 
INSTRUMENT NO. 2005-0223440 IN THE OFFICIAL RECORDS OF MARICOPA 
COUNTY, ARIZONA, BOOK 731, PAGE 3. 
 
TRACT B OF FINAL PLAT OF ABC NISSAN EXPANSION, RECORDED AS 
INSTRUMENT NO. 2005-0223440 IN THE OFFICIAL RECORDS OF MARICOPA 
COUNTY, ARIZONA, BOOK 731, PAGE 3.