Attachment A - Draft Ordinance - Z-37-19-2

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-37-19-2) FROM S-1 (RANCH OR FARM RESIDENCE 
DISTRICT) TO PUD (PLANNED UNIT DEVELOPMENT). 
 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 156.96-acre site located at the northeast 
corner of Central Avenue and Happy Valley Road in a portion of Section 5, Township 4 
North, Range 3 East, as described more specifically in Exhibit “A”, is hereby changed 
from “S-1” (Ranch or Farm Residence District) to “PUD” (Planned Unit Development). 
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. 
An updated Development Narrative for the Central Foothills PUD reflecting the 
changes approved through this request shall be submitted to the Planning and 
Development Department within 30 days of City Council approval of this request.  
The updated Development Narrative shall be consistent with the Development 
Narrative date stamped April 24, 2020 as modified by the following stipulations: 
 
 
 
 
a. 
Page 18, attach ADEQ final report stating that those portions of the site 
outside of the defined complex areas have not been environmentally 
impacted by UPCO’s prior operations. Include report in appendix and 
reference appendix on page 18. 
 
 
 
 
b. 
Page 9 through 13, Remove all text in Section 3 and add the following: 
 
The site is subject to all hillside requirements in the City Code and Zoning 
Ordinance and Sonoran Preserve Edge Treatment guidelines in the Zoning 
Ordinance. 
 
 
 
 
c. 
Page 51, Update the maximum building height as follows: 
 
2-stories/30’  
Except that the first row of homes abutting Yearling Road to the north of the 
site shall be limited to one story and not exceed 22 feet from finished floor. 
 
 
 
 
d. 
Page 54, Add the following to Section 8.C.1.: 
 
 
A solid perimeter wall shall be constructed along the lot lines of 
the northern most lots along Yearling Road. The wall shall be 
integral in color or painted to blend with the natural desert 
environment. 
 
 
 
 
e. 
Page 60, Add the following after Section 9.B.3.: 
 
4.  
WASHES 
 
 
Box gabions and concrete channels shall not be allowed 
unless needed for public safety. Where used, they shall be 
designed to blend with the desert setting through color, 
texture, landscaping or other means. 
 
 
Riprap shall not be used unless needed for public safety. 
Where used, it shall be used with restraint and be designed to 
blend with the desert setting through color, texture, 
landscaping and other means.

f. 
Page 67, Add legal descriptions to describe each parcel area (Parcels 1 
though 3). 
 
 
 
 
g. 
Page 82, Update the comparative standards to reflect all changes made 
above. 
 
 
2. 
Conceptual site plans and elevations for Parcels 2 and 3 shall be reviewed and 
approved by the Planning Hearing Officer through the public hearing process for 
stipulation modification prior to preliminary site plan approval. This is a legislative 
review for conceptual purposes only. Specific development standards and 
requirements may be determined by the Planning Hearing Officer and the 
Planning and Development Department. 
 
 
3. 
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. 
 
 
4. 
Right-of-way totaling 70 feet on the north side of Happy Valley Road shall be 
dedicated for the full limits of the property, or as approved by the Street 
Transportation Department. 
 
 
5. 
Right-of-way totaling 40 feet on the east side of Central Avenue shall be dedicated 
for a minimum of 300 feet north of Happy Valley Road to accommodate turn 
lanes, as approved by the Street Transportation Department. Beyond 300 feet, the 
right-of-way may taper to 30 feet with a 10-foot sidewalk easement, as approved 
by the Street Transportation Department. 
 
 
6. 
Right-of-way triangles shall be dedicated at all intersections at 25 feet by 25 feet, 
or as approved by the Planning and Development Department. 
 
 
7. 
The north half street of Happy Valley Road shall be constructed for the full limits of 
the property, consistent with cross-section ‘A’, as approved by the Planning and 
Development Department. 
 
 
8. 
Central Avenue shall be constructed consistent with the E-Section collector street 
identified on the City of Phoenix Street Classification map, as approved by the 
Street Transportation Department. 
 
 
9. 
The development is required to be in conformance to the City of Phoenix, Storm 
Water Design Manual for all wash crossings of public and private streets. All 
associated drainage easements shall be dedicated for operation and maintenance 
purposes. 
 
 
10. 
A Traffic Impact Study (TIS) shall be submitted to the City for this development. No 
preliminary approval of plans shall be granted until the study has been reviewed 
and approved by the City upon satisfactory resolutions of review comments by the 
City staff. The developer must contact Transportation Planning and Programming

Division of Street Transportation Department (Attention: Mr. Matthew Wilson, 
Traffic Engineer III, Phone Number: (602) 262-7580, 
matthew.wilson@phoenix.gov) to set up a scoping meeting to discuss the 
requirements for the study, prior to the preparation and submittal of the draft study. 
No TIS reports will be accepted, unless the developer and/or its traffic engineer 
consultant has discussed the TIS requirements with the Street Transportation 
Department staff prior to its preparation. 
 
 
11. 
Provide conduit and junction boxes at Central Avenue and Happy Valley Road for 
future traffic signal equipment on the northeast corner of the intersection. The plan 
is to be submitted to the Street Transportation Department (Zeke Rios, 602-256-
3409 or zeke.rios@phoenix.gov) or review and approval. Submittal will be made 
as a separate document that shows the entire intersection with existing conduit 
runs and junction boxes. The Developer will submit the approved plan to the Civil 
Plans Coordinator as part of the civil engineering plan set. All work related to the 
construction or reconstruction of the conduit runs and junction box installation shall 
be the responsibility of the Developer. 
 
 
12. 
Driveway access locations to Happy Valley Road shall be in conformance 
with the Street Transportation Department Planning and Design policies for 
median access, or as approved by the Street Transportation Department. 
 
 
13. 
Development responsibility for off-site traffic improvements will be determined 
through the Traffic Impact Study, as approved by the Street Transportation. Any 
applicable escrow funding requirements must be provided prior to final site plan 
approval, or as approved by the Planning and Development Department. 
 
 
14. 
The applicant shall provide a minimum of one access point to the Phoenix 
Sonoran Preserve regional trail system located in the northeast section of Parcel 
1, as approved by the Planning and Development Department. 
 
 
15. 
The developer shall record a Notice to Prospective Purchasers of Proximity to 
Airport in order to disclose the existence and operational characteristics of 
Phoenix Deer Valley Airport (DVT) to future owners or tenants of the property as 
approved by the Aviation Department. 
 
 
16. 
The developer must file FAA Form 7460 and provide City FAA’s no hazard 
determination prior to construction permit approval. 
 
 
17. 
The developer shall provide funding for 100 percent of the cost of a traffic signal 
installation  at the intersection of Central Avenue and Happy Valley Road  to the 
Street Transportation Department at the time of final site plan approval for phase 
1 of the development, with installation as approved by the Street Transportation 
Department. 
 
 
18. 
The developer shall relocate the existing mailboxes located at the southeast 
corner of Central Avenue and Yearling Road to the southwest corner of the

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 September, 
2020.  
 
 
 
 
________________________________ 
 
 
 
       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) 
intersection, prior to final site plan approval and subject to approvals by the City of 
Phoenix, the US Postal Service and any required landowner of the relocation site. 
 
 
19. 
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.

EXHIBIT A 
 
LEGAL DESCRIPTION FOR Z-37-19-2 
 
The Southeast quarter of Section 5, Township 4 North, Range 3 East of the Gila and 
Salt River Base and Meridian, Maricopa County, Arizona;  
 
Except all oil, gases and other hydrocarbon substances, helium or other substances of 
a gaseous nature, geothermal resources, coal, stone, metals, minerals, fossils and 
fertilizers of every name and description, together with all uranium, thorium, or any other 
material which is or may be determined to be peculiarly essential to the production of 
fissionable material, whether or not of commercial value as reserved Patent from the 
State of Arizona recorded in Document No. 2016-004999.