Attachment A - Draft Ordinance - Z-50-23-4.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 (CASE Z-50-23-4) FROM R1-6 (SINGLE-FAMILY 
RESIDENCE DISTRICT) AND R-5 (MULTIFAMILY RESIDENCE 
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 1.35 acre site located at the northeast corner 
of 3rd Street and Cheery Lynn Road in a portion of Section 29, Township 2 North, 
Range 3 East,  as described more specifically in Exhibit “A,” is hereby changed from 
0.77-acres of “R1-6” (Single-Family Residence District) and 0.58-acres of R-5 (Multi-
Family Residence 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. 
Landscape areas within retention areas shall be planted with shrubs, accents 
and vegetative groundcovers to provide a minimum of 75% live coverage at 
maturity, as approved by the Planning and Development Department. 
 
 
2. 
Bicycle infrastructure shall be provided as described below, as approved by the 
Planning and Development Department. 
 
 
 
a. 
A publicly accessible bicycle repair station (“fix it station”) shall be 
provided and maintained adjacent to 3rd Street. The bicycle repair station 
(“fix it station”) shall be provided in an area of high visibility and separated 
from vehicular maneuvering areas, where applicable. The repair station 
shall include, but not be limited to, standard repair tools affixed to the 
station, a tire gauge and pump affixed to the base of the station or the 
ground, and a bicycle repair stand which allows pedals and wheels to 
spin freely while making adjustments to the bike. 
 
 
 
 
b. 
A minimum of 10% of the required bicycle parking spaces shall include 
standard electrical receptacles for electric bicycle charging capabilities, 
as approved by the Planning and Development Department. 
 
 
 
3. 
A minimum of 10% of the required parking spaces shall include Electric Vehicle 
(EV) ready infrastructure, as approved by the Planning and Development 
Department. 
 
  
 
4. 
The full 20-foot width of the adjacent alley shall be paved from 3rd Street to 5th 
Street. 
 
 
5. 
A minimum 5-foot-wide detached sidewalk separated by a minimum 8-foot-wide 
landscape strip located between the back of curb and sidewalk shall be 
constructed on the west side of 3rd Street, adjacent to the development, 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. 
 
 
6. 
All streets within and adjacent to the development shall be constructed 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. 
 
 
7. 
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. 
 
 
8. 
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 7th day of February, 
2024.  
 
 
 
 
________________________________ 
 
 
 
       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 
 
LEGAL DESCRIPTION FOR Z-50-23-4 
 
WITHIN A PORTION OF SECTION 29, TOWNSHIP 2 NORTH, RANGE 3 EAST OF 
THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, 
ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 
 
LOTS 19, 20, 21, 22, 23 AND 24, BLOCK 1 OF REPLAT OF PARKER L. WOODMAN 
TRACT, ACCORDING TO BOOK 6 OF MAPS, PAGE 34, RECORDS OF MARICOPA 
COUNTY, ARIZONA.