Attachment A - Draft Ordinance - Z-23-22-8.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-23-22-8) FROM R1-6 (SINGLE-FAMILY 
RESIDENCE DISTRICT) TO R-4 (MULTIFAMILY RESIDENCE 
DISTRICT). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 0.36 acre property located at the northwest 
corner of 35th Street and Culver Street in a portion of Section 1, Township 1 North, 
Range 3 East, as described more specifically in Exhibit “A,” is hereby changed from 
“R1-6” (Single-Family Residence District) to “R-4” (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 development shall be in general conformance with the elevations date 
stamped March 25, 2022, with specific regard to the inclusion of lap siding, 
metal canopies and CMU veneer, as modified by the following stipulations and 
approved by the Planning and Development Department.   
 
 
2. 
A minimum building setback of 33 feet shall be required along the west 
property line, as approved by the Planning and Development Department. 
 
 
3. 
Minimum 2-inch caliper single-trunk large canopy drought-tolerant shade trees 
shall be provided along the west property line, planted 20 feet on center or in 
equivalent groupings, as approved by the Planning and Development 
Department. 
 
 
4. 
The developer shall construct a minimum 5-foot-wide detached sidewalk and 
minimum 5-foot-wide landscape area located between the back of curb and 
sidewalk along the west side of 35th Street, as approved by the Planning and 
Development Department. 
 
 
 
a. 
Minimum 2-inch caliper single-trunk large canopy drought-tolerant shade 
trees shall be provided between the back of curb and sidewalk to 
provide a minimum 75 percent shade. 
 
 
 
b. 
The area between the back of curb and sidewalk shall be planted with 
drought tolerant shrubs and vegetative groundcovers with a maximum 
mature height of 24 inches to provide a minimum of 75 percent live 
coverage at maturity, 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 a 
pedestrian environment. 
 
 
5. 
A minimum of six bicycle parking spaces shall be provided through Inverted U 
and/or artistic racks located near the building entrances or in a secure location 
inside the building 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. 
 
 
6. 
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. 
 
 
7. 
The developer shall provide a No Hazard Determination for the proposed 
development from the FAA pursuant to the FAA’s Form-7460 obstruction 
analysis review process, prior to construction permit approval, as per plans 
approved by the Planning and Development Department. 
 
 
8. 
The property owner shall record documents that disclose the existence, and 
operational characteristics of Phoenix Sky Harbor Airport to future owners or 
tenants of the property. The form and content of such documents shall be 
according to the templates and instructions provided which have been 
reviewed and approved by the City Attorney. 
 
 
9. 
The developer shall grant and record an avigation easement to the City of 
Phoenix for the site, per the content and form prescribed by the City Attorney 
prior to final site plan approval. 
 
 
10. 
If determined necessary by the Phoenix Archaeology Office, the applicant shall 
conduct Phase I data testing and submit an archaeological survey report of the 
development area for review and approval by the City Archaeologist prior to 
clearing and grubbing, landscape salvage, and/or grading approval. 
 
 
11. 
If Phase I data testing is required, and if, upon review of the results from the 
Phase I data testing, the City Archaeologist, in consultation with a qualified 
archaeologist, determines such data recovery excavations are necessary, the 
applicant shall conduct Phase II archaeological data recovery excavations. 
 
 
12. 
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. 
 
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 7th day of September, 
2022.

________________________________ 
 
 
 
       MAYOR  
 
 
ATTEST:  
 
 
_________________________  
Denise Archibald, City Clerk 
 
 
APPROVED AS TO FORM: 
Cris Meyer, City Attorney 
 
 
By: 
_________________________  
_________________________ 
 
 
REVIEWED BY:  
 
 
_________________________  
Jeffrey Barton, City Manager 
 
 
 
Exhibits: 
A – Legal Description (1 Page) 
B – Ordinance Location Map (1 Page)

EXHIBIT A 
 
LEGAL DESCRIPTION FOR Z-23-22-8 
 
That part of the Northeast quarter of Section 1, Township 1 North, Range 3 East of the 
Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: 
 
BEGINNING at a point 603 feet West and 852 feet South of the Northeast corner of the 
Northwest quarter of Section 1: 
 
Thence West 120 feet: 
 
Thence South 96 feet: 
 
Thence East 120 feet: 
 
Thence North 96 feet to the POINT OF BEGINNING.