Attachment A - Draft Ordinance - Z-78-22-6.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 (CASE Z-78-22-6) FROM R1-6 (SINGLE-FAMILY 
RESIDENCE DISTRICT) TO R-3 (MULTIFAMILY RESIDENCE 
DISTRICT). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 1.05 acre property located approximately 
470 feet south of the southeast corner of 38th Street and Weldon Avenue in a portion of 
Section 25, Township 2 North, Range 3 East, as described more specifically in Exhibit 
“A,” is hereby changed from “R1-6” (Single-Family Residence District) to “R-3” 
(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 
January 31, 2022 as approved by the Planning and Development Department 
 
 
2. 
The landscape setback along the east and south property lines shall be planted with 
minimum 2-inch caliper trees, as approved by the Planning and Development 
Department. 
 
 
3.  
The development shall be in general conformance to the landscape plan dated 
February 7, 2023, as approved by the Planning and Development Department.  
 
 
4.  
There shall be no skydeck on Unit 10.  
 
 
5.  
Vision obscuring glass shall be used for the second story of the south façade of Unit 
15.  
 
 
6.  
Skydeck configuration shall conform to the sight-line drawings dated February 2, 
2023. 
 
 
7. 
The developer shall construct a minimum 5-foot-wide sidewalk along the east side of 
38th Street, as approved by the Planning and Development Department. 
 
 
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. 
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. 
 
 
10.  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. 
 
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 5th day of April, 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 
 
A portion of Section: 25 Township: 2N Range: 3E 
 
The North half of Lot 176, North Citrus Acres Amended, according to Book 23 of Maps, 
page 46, records of Maricopa County, Arizona; 
EXCEPT the East 305 feet of the North half; and also 
EXCEPT the South 80 feet of the West 200 feet of said North half; and also 
EXCEPT the North 4 feet of the South 84 feet of the West 100 feet of said North half.