Attachment A - Draft Ordinance - Z-62-22-8.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-62-22-8) FROM R1-6 (SINGLE-FAMILY 
RESIDENCE DISTRICT) 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 0.86-acre site located approximately 200 feet 
east of the northeast corner of 42nd Street and Edgemont Avenue in a portion of 
Section 31, Township 2 North, Range 4 East, as described more specifically in Exhibit 
“A,” is hereby changed from “R1-6” (Single-Family Residence District) 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 development shall be in general conformance with the site plan date 
stamped February 3, 2023, as modified by the following stipulations and 
approved by the Planning and Development Department.  
 
 
2. 
All elevations shall include a minimum of two exterior accent materials, as 
approved the Planning and Development Department.  Examples include, but 
are not limited to, materials such as brick, stone, colored textured concrete or 
stucco. 
 
 
3. 
The maximum building height shall be 30 feet.  
 
 
4. 
The landscape setback along the east property line shall be planted with 
minimum 2-inch caliper large evergreen trees planted 20 feet on center or in 
equivalent groupings, as approved by the Planning and Development 
Department. 
 
 
5. 
Prior to preliminary site plan approval, the developer shall all apply for the On-
Street Parking Zones program in order to install no parking signs along 
Edgemont Avenue between 42nd Street and 43rd Street. 
 
 
6. 
The developer shall construct a minimum 5-foot-wide detached sidewalk and 
minimum 5-foot-wide landscape strip located between the back of curb and 
sidewalk along the north side of Edgemont Avenue, as approved by the 
Planning and Development Department. The landscape strip shall be planted 
as follows: 
 
 
 
a.  Minimum 3-inch caliper large canopy, single-trunk, shade trees placed a 
minimum of 25 feet on center or in equivalent groupings to provide a 
minimum of 75% shade on adjacent sidewalks.  
 
 
 
 
b.  Drought tolerant shrubs and vegetative groundcovers with a maximum 
mature height of 24 inches to provide a minimum of 75% live coverage at 
maturity. 
 
 
7. 
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. 
 
 
8. 
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. 
 
 
9.  
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 5th day of April, 2023.  
 
 
 
 
________________________________ 
 
 
 
       MAYOR  
 
 
ATTEST:  
 
 
_________________________  
Denise Archibald, City Clerk 
 
 
APPROVED AS TO FORM: 
Julie M. Kriegh, City Attorney 
 
 
By: 
_________________________  
_________________________ 
 
 
REVIEWED BY:  
 
 
_________________________  
Jeffrey Barton, City Manager

Exhibits: 
A – Legal Description (1 Page) 
B – Ordinance Location Map (1 Page)

EXHIBIT A 
 
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 
TWO NORTH, RANGE FOUR EAST OF THE GILA AND SALT RIVER BASE AND 
MERIDIAN, MARICOPA COUNTY, ARIZONA;  
 
MORE PARTICULARLY DESCRIBED AS FOLLOWS,  
 
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION THIRTY-ONE 
(31), MARKED BY A BRASS CAP IN HANDHOLE STAMPED "CITY OF PHOENIX" 
FROM WHICH THE NORTH QUARTER CORNER OF SAID SECTION THIRTY-ONE 
(31) BEARS SOUTH 90"00'00" EAST FOR A DISTANCE OF 2597.65 FEET;  
 
THENCE SOUTH 90"00'00" EAST, ALONG THE NORTH LINE OF THE NORTHWEST 
QUARTER OF SAID SECTION THIRTY-ONE (31), FOR A DISTANCE OF 1432.01 
FEET;  
 
THENCE SOUTH 0"01'36" EAST, A DISTANCE OF 239.63 FEET;  
 
THENCE NORTH 89"45'20" EAST, A DISTANCE OF 45.73 FEET;  
 
THENCE SOUTH 01"29'10" WEST. ALONG THE WEST LINE OF THE EAST 117.80 
FEET OF THE EAST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER 
OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID 
SECTION THIRTY-ONE (31), A DISTANCE OF 75.59 FEET TO THE POINT OF 
BEGINNING;  
 
THENCE NORTH 90"00'00" EAST. A DISTANCE OFlS0.21 FEET TO A POINT ON 
THE EAST LINE OF THE WEST 32.2 FEET OF THE WEST HALF OF THE EAST 
HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE 
NORTHWEST QUARTER OF SAID SECTION THIRTY-ONE (31);  
 
THENCE SOUTH 01"29'38" EAST, ALONG SAID EAST LINE, A DISTANCE OF 198.17 
FEET TO A POINT ON THE NORTH RIGHT OF WAY OF EDGEMONT AVENUE AS 
CONVEYED TO THE CITY OF PHOENIX BY DEED RECORDED IN DOCKET 2301, 
PAGE 540, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA;  
 
THENCE SOUTH 89"43'58" WEST. ALONG SAID NORTH LINE, A DISTANCE OF 
150.22 FEET;  
 
THENCE NORTH 01"29'10" WEST, A DISTANCE OF 198.87 FEET TO THE POINT OF 
BEGINNING.