Attachment A - Draft Ordinance - Z-9-23-5.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 (Z-9-23-5) FROM R-3 (MULTIFAMILY 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 0.80 acre site located approximately 400 feet 
east of the southeast corner of 27th Avenue and McLellan Boulevard in a portion of 
Section 12, Township 2 North, Range 2 East, as described more specifically in Exhibit 
“A,” is hereby changed from “R-3” (Multifamily 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. 
A minimum 5-foot-wide detached sidewalk separated by a minimum 5-foot-
wide landscape strip located between the back of curb and sidewalk shall be 
provided for the south side of McLellan Boulevard, planted to the following 
standards, as approved by the Planning and Development Department.   
 
 
 
a. 
Minimum 2-inch caliper single-trunk, large canopy, drought-tolerant 
shade trees planted 20 feet on center or in equivalent groupings. 
 
 
 
b. 
Shrubs, accents and vegetative groundcovers to achieve a minimum of 
75% live coverage at maturity.  
 
 
 
 
Where utility conflicts exist, the developer shall work with the Planning and 
Development Department on an alternative design solution consistent with a 
pedestrian environment. 
 
 
2. 
The required landscape setback along the north portion of the site shall be 
planted with native cacti or similar plants, as approved by the Planning and 
Development Department. 
 
 
3. 
All public and private pedestrian pathways including sidewalks shall be shaded 
to a minimum 75%, as approved by the Planning and Development 
Department. 
 
 
4. 
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% shade at maturity, as approved 
by Planning and Development Department.  
 
 
5. 
A minimum of 10% of the required parking spaces shall be EV capable. 
 
 
6. 
Bicycle infrastructure shall be provided as described below, located near 
entrances of buildings and installed per the requirements of Section 1307.H of 
the Phoenix Zoning Ordinance. Bicycle parking spaces shall be provided 
through inverted U and/or artistic racks. Artistic racks shall adhere to the City of 
Phoenix Preferred Designs in Appendix K of the Comprehensive Bicycle 
Master Plan, as approved by the Planning and Development Department. 
 
 
 
 
a. 
Secured bicycle parking shall be provided at a rate of 0.25 spaces per 
dwelling unit, up to a maximum of 50 spaces. 
 
 
 
 
b. 
Guest bicycle parking shall be provided at a minimum of 0.05 spaces per 
dwelling unit, up to a maximum of 50 required spaces.

c. 
120-volt receptacle shall be installed for a minimum of 10% of the 
required secured bicycle parking spaces for electric bicycle charging 
capabilities. 
 
 
 
 
d. 
A bicycle repair station (“fix it station”) shall be provided and maintained 
bon site within an amenity area or near a primary site entrance. The 
bicycle repair station (“fix it station”) shall be provided in an area of high 
visibility and separated from vehicular maneuvering areas, where 
applicable. The repair station shall include, but not be limited to: 
 
 
 
 
 
i. 
Standard repair tools affixed to the station; 
 
 
 
 
 
ii. 
A tire gauge and pump affixed to the based of the station or the 
ground; 
 
 
 
 
 
iii. 
A bicycle repair stand which allows pedals and wheels to spin 
freely while making adjustments to the bike. 
 
 
 
 
7. 
Where pedestrian walkways cross a vehicular path, the pathway shall be 
constructed of decorative pavers, stamped or colored concrete, or other 
pavement treatments that visually contrasts parking and drive aisle surfaces, 
as approved by the Planning and Development Department. 
 
 
8. 
Site lighting shall be provided at building entrances/exits, and in public 
assembly and parking areas, as approved by the Planning and Development 
Department. 
 
 
9. 
Prior to preliminary site plan approval, the developer shall complete Phase One 
of the Crime Free Multi-Housing Program, as approved by the Planning and 
Development Department. 
 
 
10. 
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. 
 
 
11. 
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. 
 
 
12. 
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 14th day of June, 
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 
 
The West 100 feet of the East 238.02 feet of Lot 9, WASHINGTON HOMESITES, a 
Subdivision recorded in Book 14 of Maps, Page 36, Records of Maricopa County, 
Arizona. 
 
Section: 12 
Township: 2N 
Range: 2E 
 
APN: 156-02-012 
 
Gross Acreage: 31,566.67 sq ft (0.72 acres)