Attachment A - Draft Ordinance - Z-4-21-4.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 ORDINANCE BY CHANGING THE ZONING DISTRICT 
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN 
(CASE Z-4-21-4) FROM C-2 (INTERMEDIATE COMMERCIAL 
DISTRICT) TO WU CODE T4:3 MT (WALKABLE URBAN CODE, 
TRANSECT 4:3 DISTRICT, TRANSIT MIDTOWN CHARACTER 
AREA). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 0.73 acre site located at the northeast corner 
of 3rd Street and Clarendon Avenue in a portion of Section 29, Township 2 North, 
Range 3 East, as described more specifically in Exhibit “A”, is hereby changed from “C-
2” (Intermediate Commercial District) to “WU Code T4:3 MT” (Walkable Urban Code, 
Transect 4:3 District, Transit Midtown Character Area). 
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.  
All public sidewalks shall be detached with a minimum 5-foot-wide landscape 
area located between the sidewalk and back of curb along the north half of 
Clarendon Avenue and a minimum 6-foot-wide landscape area located 
between the sidewalk and back of curb along the east half of Third Street, as 
approved by the Planning and Development Department.  
 
 
2. 
The developer shall provide and maintain the following bicycle infrastructure as 
described below and as approved by the Planning and Development 
Department. 
 
 
 
a.  
Guest bicycle parking for multifamily residential use shall be provided at 
a minimum of 0.05 spaces per unit with a maximum of 50 spaces near 
entrances of buildings and installed per the requirements of Section 
1306.H. of the Phoenix Zoning Ordinance. 
 
 
 
 
b. 
A bicycle repair station (“fix it station”) shall be provided on the site. The 
station shall include but not limited to: standard repair tools affixed to the 
station; a tire gauge and pump; and a bicycle repair stand which allows 
pedals and wheels to spin freely while making adjustments to the bike, 
as approved by the Planning and Development Department. 
 
 
3. 
The developer shall dedicate a minimum 6-foot-wide sidewalk easement for the 
east side of 3rd Street, as approved by the Planning and Development 
Department.  
 
 
4. 
The developer shall dedicate a minimum of 5 feet for the west side of the alley, 
as approved by the Planning and Development Department. 
 
 
5. 
All vehicular site access shall be provided from the alley, consistent with the 
Walkable Urban Code standards and as approved by the Planning and 
Development Department. 
 
 
6. 
All public sidewalks shall be located in a dedicated public sidewalk easement, 
as approved by the Planning and Development Department. 
 
 
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. 
Where pedestrian pathways cross drive aisles, the pathway shall be 
constructed of decorative pavers, stamped or colored concrete, or another 
material, other than those used to pave parking surfaces and drive aisles, as 
approved by the Planning and Development Department. 
 
 
9. 
Clearly defined, accessible pedestrian pathways shall be provided to connect 
building entrances, and public sidewalks, using the most direct route for 
pedestrians, as approved by the Planning and Development Department. 
 
 
10. 
The developer shall provide a No Hazard Determination for the proposed 
development from the FAA pursuant to the FAA’s Form-7460 obstruction 
analysis review process, prior to construction permit approval, as per plans 
approved by the Planning and Development Department.   
 
 
11. 
The property owner shall record documents that disclose the existence, and 
operational characteristics of 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. 
 
 
12. 
The developer shall grant and record an avigation easement to the City of 
Phoenix for the site, per the content and form prescribed by the City Attorney 
prior to final site plan approval. 
 
 
13. 
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. 
 
 
14. 
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 2nd day of June, 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-4-21-4: 
 
WITHIN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF 
SECTION 29, TOWNSHIP 2 NORTH, AND RANGE 3 EAST HEREIN LOTS 10 AND 
11, BLOCK 4, OF THOMAS PLACE, ACCORDING TO THE PLAT OF RECORD IN 
THE OFFICE OF THE COUNTRY RECORDER OF MARICOPA COUNTY, ARIZONA, 
RECORDED IN BOOK 3 OF MAPS, PAGE 67.