Attachment A - Draft Ordinance -Z-79-22-4.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-79-22-4) 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 1.62-acre site located approximately 200 feet 
northwest of the northwest corner of 12th Street and Turney Avenue, in a portion of 
Section 21, Township 2 North, and Range 3 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. 
The development shall be in general conformance with the elevations date 
stamped October 19, 2022 as approved by the Planning and Development 
Department. 
 
 
2. 
The developer shall construct a minimum 5-foot-wide sidewalk along the north 
side of Turney Avenue, as approved by the Planning and Development 
Department. 
 
 
3. 
The developer shall provide bicycle parking and/or storage as required by 
Chapter 13, Section 1307.H, as approved by the Planning and Development 
Department. 
 
 
4. 
The developer shall deposit $25,000 in an escrow account to the Street 
Transportation Department prior to preliminary site plan approval for the 
purposes of upgrading the pedestrian crossing along the Grand Canal and 12th 
Street. 
 
 
5. 
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. 
 
 
6. 
The property owner shall record documents that disclose the existence, and 
operational characteristics of the 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. 
 
 
7. 
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. 
 
 
8. 
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. 
 
 
9. 
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. 
 
 
10. 
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 March, 
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 
 
Within a portion of Section 21, Township 2 North, Range 3 East of the Gila and Salt 
River Base and Meridian, Maricopa County, Arizona, being more particularly described 
as follows: 
 
PARCEL NO. 1: 
 
Lot 1, of CAROLYN PLACE, according to the plat recorded in Book 36 of Maps, page 4, 
records of Maricopa County, Arizona. 
 
PARCEL NO. 2: 
 
That part of Lot 34, of LA VETA PLACE, according to the plat recorded in Book 7 of 
Maps, page 12, records of Maricopa County, Arizona, described as follows: 
 
BEGINNING at the Southeast corner of said La Veta Place; 
 
Thence Westerly, along the North line of Lot 1, of Carolyn Place, according to the plat 
recorded in Book 36 of Maps, page 4, records of Maricopa County, Arizona, and being 
the South line of said La Veta Place to the Northwest corner of Lot 1 of said Carolyn 
Place to the Northeast boundary of said La Veta Place; 
 
Thence North along a line determined by a straight extension of the West line of Lot 1 of 
said Carolyn Place to the Northeast boundary of said La Veta Place; 
 
Thence Southeasterly to the point of beginning along the Northerly boundary line of said 
La Veta Place and the Southwesterly right of way line of the Grand Canal, as shown in 
Book 7 of Maps, page 12, records of Maricopa County, Arizona.