Attachment A - Draft Ordinance - Z-49-20-3.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-49-20-3) FROM R1-6 (SINGLE-FAMILY 
RESIDENCE) 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 1.11 acre site located approximately 970 feet 
north of the northeast corner of 34th Street and Sweetwater Avenue in a portion of 
Section 13, Township 3 North, Range 3 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 maintain a minimum 50-foot building setback, exclusive of 
carports and perimeter walls, from the southern site boundary where adjacent to 
R1-6 zoning. 
 
 
2. 
The maximum building height shall be limited to 2 stories and 30 feet. 
 
 
3. 
Building elevations shall contain multiple colors, exterior accent materials and 
textural changes that exhibit quality and durability such as brick, stone, colored 
textured concrete or stucco, to provide a decorative and aesthetic treatment, as 
approved by the Planning and Development Department. 
 
 
4. 
All elevations of the building(s) shall contain architectural embellishments and 
detailing such as textural changes, pilasters, offsets, recesses, variation in window 
size and location, pitched roofs and/or overhang canopies, as approved by the 
Planning and Development Department. 
 
 
5. 
The required landscape setbacks shall include minimum 2-inch caliper large 
canopy shade trees, planted 20 feet on center or in equivalent groupings, and five 
5-gallon shrubs per tree, 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. 
 
 
6. 
Where a landscaped median is provided within the ingress or egress to the site, a 
landscaped accent area shall provide a visually unique character with drought-
tolerant plant materials providing seasonal interest and 75 percent live cover, as 
approved by the Planning and Development Department. 
 
 
7. 
Perimeter walls shall be constructed to the following standards, as approved by 
the Planning and Development Department. 
 
 
 
a. 
Perimeter walls visible from public streets shall have a finished appearance 
compatible with primary structures that includes material and textural 
differences, such as stucco and/or split face block with a decorative 
element, such as tile or stamped designs. 
 
 
 
 
b.  
A combination of solid masonry wall not exceeding 4 feet in height, and 
wrought iron view fencing or similar material shall be utilized along the 
eastern property lines where open space is adjacent to the drainage 
channel/floodway (Indian Bend Wash) east of the site. 
 
 
8. 
Clearly defined, accessible pedestrian pathways shall be provided connecting all 
building entrances and exits, community amenity areas, and all public sidewalks

utilizing the minimum possible distance and providing the most direct route, as 
approved by the Planning and Development Department. 
 
 
9. 
The developer shall provide clearly defined, accessible pathways, constructed of 
decorative pavement that visually contrasts with the adjacent parking and drive 
aisle surfaces, as approved by the Planning and Development Department. 
 
 
10. 
Pedestrian walkways, including adjacent public sidewalks, shall be shaded to a 
minimum of 75 percent, as approved by the Planning and Development 
Department. 
 
 
11. 
A minimum of two inverted U-bicycle racks or artistic style racks shall be provided, 
located near the main building entrance. All bicycle racks shall adhere to Appendix 
K, “Outdoor/Open Facilities”, of the Comprehensive Bicycle Master Plan, and as 
approved by the Planning and Development Department. 
 
 
12. 
The developer shall construct a minimum 45-foot radius cul-de-sac at the terminus 
of 34th 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, 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. 
 
 
14. 
A portion of this parcel is located in a Special Flood Hazard Area (SFHA) called 
Zone AE Floodplain, on panels 1735L of the Flood Insurance Rate Map (FIRM) 
revised December 22, 2017. If the plans show no building and/or construction 
encroachment including fill within this portion of the site in the SFHA, then no 
floodplain requirements will be required. If encroachment does occur, then the 
following requirements must be met, as approved by the Planning and 
Development Department:  
 
 
 
a. 
The Architect/Engineer is required to show the special flood hazard area 
boundary limits on plans and ensure that impacts to the proposed facilities 
and surrounding properties have been considered, following the National 
Flood Insurance Program (NFIP) Regulations (44 CFR Paragraph 60.3).  
This includes, but not limited to provisions in the latest versions of the 
Floodplain Ordinance of the Phoenix City Code. 
 
 
 
 
b. 
A copy of the Grading and Drainage Plan needs to be submitted to the 
Floodplain Management section of Public Works Department for review and 
approval of Floodplain requirements prior to issuance of a Grading Permit. 
 
 
 
15. 
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.

16. 
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 1st day of July 2021.  
 
 
 
 
________________________________ 
 
 
 
       MAYOR  
 
 
ATTEST: 
 
 
____________________________City Clerk 
 
 
APPROVED AS TO FORM: 
 
____________________________City Attorney 
 
 
REVIEWED BY:  
 
____________________________City Manager 
 
 
 
Exhibits: 
A – Legal Description (1 Page) 
B – Ordinance Location Map (1 Page)

EXHIBIT A 
 
LEGAL DESCRIPTION FOR Z-49-20-3 
 
THAT PART OF LOT 4, OASIS ACRES, ACCORDING TO THE PLAT OF RECORD IN 
THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, IN 
BOOK 45 OF MAPS AT PAGE 20, LOCATED WITHIN THE NORTH HALF OF THE 
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, 
TOWNSHIP 3 NORTH, RANGE 3 EAST, OF THE GILA AND SALT RIVER BASE AND 
MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: 
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 4; 
THENCE SOUTH 00 DEGREES 22 MINUTES 14 SECONDS EAST ALONG THE 
WEST LINE OF SAID LOT 4, A DISTANCE OF 35.58 FEET TO THE POINT OF 
BEGINNING; 
THENCE SOUTH 87 DEGREES 42 MINUTES 58 SECONDES EAST A DISTANCE OF 
35.07 FEET; 
THENCE SOUTH 68 DEGREES 11 MINUTES 59 SECONDES EAST A DISTANCE OF 
31.89 FEET; 
THENCE SOUTH 42 DEGREES 07 MINUTES 39 SECONDES EAST A DISTANCE OF 
56.86 FEET; 
THENCE SOUTH 23 DEGREES 07 MINUTES 56 SECONDES EAST A DISTANCE OF 
77.99 FEET; 
THENCE SOUTH 20 DEGREES 06 MINUTES 12 SECONDES EAST A DISTANCE OF 
75.10 FEET; 
THENCE SOUTH 25 DEGREES 10 MINUTES 24 SECONDES EAST A DISTANCE OF 
58.75 FEET; 
THENCE SOUTH 20 DEGREES 54 MINUTES 49 SECONDES EAST A DISTANCE OF 
46.86 FEET; 
THENCE SOUTH 89 DEGREES 04 MINUTES 46 SECONDES WEST A DISTANCE 
OF 199.07 FEET TO A POINT IN THE WEST LINE OF SAID LOT 4; 
THENCE NORTH 00 DEGREES 22 MINUTES 14 SECONDS WEST ALONG SAID 
WEST LINE, A DISTANCE OF 297.82 FEET TO THE POINT OF BEGINNING; 
EXCEPT THAT PORTION CONVERYED TO CITY OF PHOENIX, RECORDED 
FEBRUARY 18, 2016 IN RECORDING NO 2016-103579, RECORDS OF MARICOPA 
COUNTY, ARIZONA.