Attachment A - Draft Ordinance - Z-91-22-5.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-91-22-5) FROM R1-6 (SINGLE-FAMILY RESIDENCE 
DISTRICT AND R-5 (MULTIFAMILY RESIDENCE DISTRICT) TO 
R-5 (MULTIFAMILY RESIDENCE DISTRICT). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 4.97-acre site located approximately 1,000 
feet west of the southwest corner of 39th Avenue and Camelback Road in a portion of 
Section 22, Township 2 North, Range 2 East, as described more specifically in Exhibit 
“A,” is hereby changed from 2.94 acres of “R1-6” (Single-Family Residence District) and 
2.03 acres of “R-5” (Multifamily Residence District) to “R-5” (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 site plan date 
stamped December 30, 2022 with specific regard to the location of the 
buildings, the location of the open space, a minimum 5-foot-wide pedestrian 
pathway extending through the open space and connecting to Camelback 
Road, and with building entrances oriented onto the open space, as modified by 
the following stipulations and as approved by the Planning and Development 
Department. 
 
 
2. 
The development shall be in general conformance with the building elevations 
date stamped December 30, 2022, as modified by the following stipulations and 
as approved by the Planning and Development Department. 
 
 
3. 
The public sidewalk along Camelback Road shall be constructed to a width of 6 
feet and detached from the back of curb by a minimum 10-foot-wide landscape 
area planted to the following standards, 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 the creation of a comfortable pedestrian environment.  
 
 
 
 
a. 
Minimum 3-inch caliper, large canopy, single-trunk, shade trees shall be 
placed 25 feet on center or in equivalent groupings. 
 
 
 
 
b. 
At tree maturity, the trees shall shade the sidewalks to a minimum 75 
percent. 
 
 
 
 
c. 
Drought tolerant shrubs and vegetative groundcovers shall be 
maintained at maximum height of 24 inches to provide a minimum of 75 
percent live coverage at maturity. 
 
 
4. 
The developer shall dedicate a 10-foot-wide sidewalk easement for the south 
side of Camelback Road, as approved by the Planning and Development 
Department. 
 
 
5. 
The required landscape setback along the west property line shall be enhanced 
with 5-foot by 5-foot triangular islands every 80 to 100 feet that protrude into the 
parking area. This landscape setback shall be planted with minimum 2-inch 
caliper single trunk, shade trees placed 20 feet on center or in equivalent 
groupings, as approved by the Planning and Development Department.

6. 
The developer shall incorporate bicycle infrastructure as described below and 
as approved by the Planning and Development Department. 
 
 
 
a. 
Bicycle parking shall be provided at a minimum of 0.25 spaces per unit 
for up to a maximum of 50 spaces, located near the entrances to the 
building, and installed per the requirements of Section 1307.H of the 
Phoenix Zoning Ordinance.    
 
 
 
 
b. 
One bicycle repair station shall be provided and maintained in an area of 
high visibility to residents and within 75 feet of the Camelback Road 
right-of-way.  
 
 
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. 
A bus stop pad shall be constructed on westbound Camelback Road designed 
according to City of Phoenix Standard Detail P1260 with a depth of 10 feet and 
spaced from the western driveway according to City of Phoenix Standard Detail 
P1258, as approved by the Planning and Development Department. 
 
 
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. 
 
 
11. 
A minimum of two recycling containers shall be provides on site, as approved 
by the Planning and Development Department.  
 
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 3rd day of May, 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 
 
Parcel No. 1:  
The West half of the West half of the Northwest quarter of the Northeast quarter of the 
Northwest quarter of Section 22, Township 2 North, Range 2 East of the Gila and Salt 
River Base and Meridian, situated in Maricopa County, State of Arizona;  
Except the North 40 feet as set forth in Final Order of Condemnation recorded in Docket 
13939, page 1555.  
 
Parcel No. 2:  
The East half of the West half of the Northwest quarter of the Northeast quarter of the 
Northwest quarter of Section 22, Township 2 North, Range 2 East of the Gila and Salt 
River Base and Meridian, situated in Maricopa County, State of Arizona;  
Except the North 40 feet as set forth in Final Order of Condemnation recorded in Docket 
13939, page 1555.