Attachment A - Draft Ordinance - Z-38-22-6.pdf

City of Phoenix — Formal (2022-10-12)

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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-38-22-6) FROM P-1 (PASSENGER 
AUTOMOBILE PARKING, LIMITED 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 0.72 acre site located at the southeast 
corner of 10th Street and Pasadena Avenue in a portion of Section 16, Township 2 
North, Range 3 East, as described more specifically in Exhibit “A,” is hereby changed 
from “P-1” (Passenger Automobile Parking, Limited 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 to the elevations date stamped 
May 6, 2022, as modified by the following stipulations and approved by the 
Planning and Development Department. 
2. 
The maximum building height shall be 30 feet. 
3. 
The maximum density for the project shall not exceed 12 dwelling units per acre. 
4. 
The developer shall construct a minimum 5-foot-wide detached sidewalk along 
the south side of Pasadena Avenue with a minimum 8-foot-wide landscaped strip 
located between the sidewalk and back of curb and planted to the following 
standards, as approved by the Planning and Development Department: 
a. 
Minimum 2-inch caliper, large canopy, single-trunk, shade trees placed to 
provide a minimum of 75% shade on adjacent sidewalks. 
b. 
Drought tolerant shrubs and vegetative maintained to a maximum height of 
24 inches to provide a minimum of 75% live coverage at maturity. 
c. 
Where utility conflicts arise, the developer shall work with the Planning and 
Development Department on an alternative design solution consistent with 
a pedestrian environment. 
5. 
The developer shall construct a minimum 5-foot-wide sidewalk along the east 
side of 10th Street and west side of 10th Place, as approved by the Planning and 
Development Department. 
6. 
A minimum of 4 bicycle parking spaces shall be provided through Inverted U 
and/or artistic racks located near building entrances or open space areas 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. 
7. 
Existing irrigation facilities along Pasadena Avenue are to be undergrounded and 
relocated outside of City right-of-way. Contact SRP to identify existing land rights 
and establish the appropriate process to relocate the facility. Relocations that 
require additional dedications or land transfer require completion prior to 
obtaining plat and/or civil plan review approval. 
8. 
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. 
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 12th day of October, 
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 
 
THAT PORTION OF LOTS 1 AND 3, BLOCK 5, SMITH PLACE AND 
SURROUNDING 10TH STREET, PASADENA AVENUE AND 10TH PLACE, 
RECORDED IN BOOK 20 OF MAPS, PAGE 2, RECORDS OF MARICOPA 
COUNTY, ARIZONA, LYING WITHIN A PORTION OF THE SOUTHWEST 
QUARTER OF SECTION 16, TOWNSHIP 2 NORTH, RANGE 3 EAST OF THE 
GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, 
ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 
COMMENCING AT A 3-INCH CITY OF PHOENIX BRASS CAP IN HANDHOLE 
MARKING THE SOUTHWEST CORNER OF SAID SECTION 16, FROM WHICH 
A 3-INCH CITY OF PHOENIX BRASS CAP IN HANDHOLE MARKING THE 
SOUTH QUARTER CORNER OF SAID SECTION 16 BEARS SOUTH 89 
DEGREES 51 MINUTES 40 SECONDS EAST 2,667.40 FEET, SAID LINE 
BEING THE BASIS OF BEARINGS FOR THIS DESCRIPTION; 
THENCE SOUTH 89 DEGREES 51 MINUTES 40 SECONDS EAST 1,333.71 
FEET ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER TO A 3-
INCH CITY OF PHOENIX BRASS CAP FLUSH ON THE CENTERLINE OF 
SAID 10TH STREET; 
THENCE NORTH 00 DEGREES 06 MINUTES 56 SECONDS EAST 236.86 
FEET ALONG SAID CENTERLINE TO THE WESTERLY EXTENSION OF THE 
SOUTH LINE OF SAID LOT 3 AND THE POINT OF BEGINNING; 
THENCE CONTINUING ALONG SAID CENTERLINE NORTH 00 DEGREES 06 
MINUTES 56 SECONDS EAST 93.82 FEET TO A 3-INCH CITY OF PHOENIX 
BRASS CAP FLUSH ON THE CENTERLINE OF SAID PASADENA AVENUE; 
THENCE SOUTH 89 DEGREES 47 MINUTES 29 SECONDS EAST 333.16 
FEET ALONG SAID CENTERLINE TO A 1-INCH IRON PIPE IN HANDHOLE 
ON THE CENTERLINE OF SAID 10TH PLACE; 
THENCE SOUTH 00 DEGREES 08 MINUTES 49 SECONDS WEST 93.52 
FEET ALONG SAID CENTERLINE TO THE EASTERLY EXTENSION OF THE 
SOUTH LINE OF SAID LOT 1;  
THENCE NORTH 89 DEGREES 50 MINUTES 33 SECONDS WEST 333.25 
FEET ALONG THE SOUTH LINES OF SAID LOTS 1 AND 3 TO THE POINT OF 
BEGINNING. 
COMPROMISING 0.717 ACRES OR 31,218 SQUARE FEET MORE OR LESS, 
SUBJECT TO ALL EASEMENTS OF RECORD.