Attachment A - Draft Ordinance - Z-39-21-6.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-39-21-6) FROM R1-10 (SINGLE-FAMILY RESIDENCE 
DISTRICT) TO R-O (RESIDENTIAL OFFICE – RESTRICTED 
COMMERCIAL DISTRICT).  
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 0.48 acre site located approximately 180 feet 
south of the southeast corner of 44th Street and Clarendon Avenue in a portion of 
Section 30, Township 2 North, Range 4 East, as described more specifically in Exhibit 
“A”, is hereby changed from “R1-10” (Single-Family Residence District) to “R-O” 
(Residential Office – Restricted Commercial 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 development shall be in general conformance with the elevations date 
stamped June 14, 2021, as modified by the following stipulations and approved 
by the Planning and Development Department.  
2. 
The public sidewalk along 44th Street shall be detached with a landscape strip 
located between the sidewalk and back of curb following the most recent Cross 
Section of the Street Classification Map and planted to the following standards, 
as approved by the Planning and Development Department.  
a. 
Minimum 2-inch caliper shade trees that provide a minimum 75 percent 
shade at maturity. 
b. 
Drought tolerant vegetation maintained at a maximum mature height of 24 
inches and achieve minimum 75 percent live coverage. 
3. 
A minimum 20-foot landscape setback shall be required adjacent to 44th Street 
and shall include large canopy shade trees 20 feet on center or in equivalent 
groupings between the sidewalk and proposed site development, as approved 
by the Planning and Development Department. Twenty-five percent of the trees 
shall be minimum four-inch caliper and 75 percent of the trees shall be minimum 
three-inch caliper. Five, five-gallon shrubs per tree, and additional shrubs or live 
groundcover, shall provide minimum 75 percent live cover at mature size, as 
approved by the Planning and Development Department. 
4. 
A minimum 4-foot landscape setback shall be required along the eastern 
property line. This setback shall be planted with minimum 8-foot-tall shrubs or 
plants to provide a tall vegetative buffer from adjacent single-family residences 
to the east, as approved by the Planning and Development Department. 
5. 
All uncovered surface parking lot areas shall be landscaped with minimum 2-
inch caliper drought-tolerant shade trees. Landscaping shall be dispersed 
throughout the parking area and achieve 25 percent shade at maturity, as 
approved by Planning and Development Department. Shade may be provided 
with a combination of trees and structural shade. 
6. 
There shall be no internally lit signs on the site. Signage shall be approved by 
the Planning and Development Department. 
7. 
A minimum of four bicycle parking spaces shall be provided through Inverted U 
and/or artistic racks located near building entrances and installed per the 
requirements of Section 1307.H. of the Phoenix Zoning Ordinance, as approved 
by the Planning and Development Department. Artistic racks shall adhere to the 
City of Phoenix Preferred Designs in Appendix K of the Comprehensive Bicycle 
Master Plan.

8. 
Clearly defined, accessible pedestrian pathways shall be provided to connect 
building entrances and public sidewalks, using the most direct route for 
pedestrians, as approved by the Planning and Development Department. 
9. 
Where pedestrian pathways cross drive aisles, they shall be constructed of 
decorative pavers, stamped or colored concrete, or other pavement treatments 
that visually contrast with the adjacent parking and drive aisle surfaces, as 
approved by the Planning and Development Department. 
10. 
Trees shall be placed to provide 75 percent shade coverage on all pedestrian 
paths and sidewalks at full maturity, as approved by the Planning and 
Development Department. Shade structures may be used to meet the shade 
requirement in places where trees are unable to be located. 
11. 
The developer shall record a cross-access agreement for any shared access 
drives along 44th Street. 
12. 
The developer shall dedicate a 10-foot sidewalk easement and construct a 
minimum 5-foot-wide sidewalk and landscape strip along 44th Street, as 
approved by the Planning and Development Department. 
13. 
The developer shall construct all streets within and adjacent to the development 
with paving, curb, gutter, sidewalk, curb ramps, streetlights, landscaping and 
other incidentals, as per plans approved by the Planning and Development 
Department. All improvements shall comply with the current ADA Guidelines. 
14. 
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. 
 
15. 
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-39-21-6 
 
TRACT ‘A’ OF RANCHO VENTURA PER MCR 60-37 
3609 N. 44TH STREETT, PHOENIX, AZ 85018 
 
SITUATED IN SECTION 30, T.2N., R.4E., OF THE G&S.R.B.&M., 
CITY OF PHOENIX, MARICOPA COUNTY, ARIZONA