Attachment A - Draft Ordinance - PHO-1-25--Z-89-22-2

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 STIPULATIONS 
APPLICABLE TO REZONING APPLICATION Z-89-22-2 
PREVIOUSLY APPROVED BY ORDINANCE G-7106. 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning stipulations applicable to the site located at 
approximately 140 feet north of the northeast corner of 34th Street and Tierra Buena 
Lane in a portion of Section 1, Township 3 North, Range 3 East, as described more 
specifically in Exhibit A and depicted in Exhibit B, are hereby modified to read as set 
forth below.  
STIPULATIONS: 
1. 
The development shall be in general conformance with the site plan date 
stamped February 22, 2023, with specific regard to the open space 
provided, as modified by the following stipulations and as approved by the 
Planning and Development Department. 
 
2. 
The maximum building height shall be 1-story and 16 feet, measured to the 
peak of the roof. 
 
3. 
Improved open space areas shall be shaded by a structure, landscaping at 
maturity, or a combination of the two to provide minimum 75% shade, as 
shown on a shading study, as approved by the Planning and Development 
Department.

4. 
Landscape areas within retention areas and open space 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. 
 
5. 
A minimum of two shaded active recreation amenities, such as a tot lot, 
picnic area, seating feature, garden amenity, or similar amenity, shall be 
provided within the open space area, as approved by the Planning and 
Development Department. 
 
6. 
A minimum of five bicycle parking spaces shall be provided through 
Inverted U and/or artistic racks located near improved open space areas 
and installed per the requirements of Section 1307.H. of the Phoenix 
Zoning Ordinance, as approved by the Planning and Development 
Department. Artistic racks shall adhere to the City of Phoenix Preferred 
Designs in Appendix K of the Comprehensive Bicycle Master Plan. 
 
7. 
The perimeter landscape setback adjacent to the public street shall be 
planted to the following standards, as approved by the Planning and 
Development Department. 
 
 
a. 
Minimum 50% 2-inch caliper and 50% 3-inch caliper, large canopy, 
drought-tolerant shade trees, planted 20 feet on center or in equivalent 
groupings. 
 
 
b. 
Shrubs, accents, and vegetative groundcovers to provide a minimum of 
75% live coverage at maturity. 
 
8. 
The Developer shall construct a minimum 5-foot-wide detached sidewalk 
and a minimum 5-foot-wide landscape strip between the back of curb and 
sidewalk along the east side of 34th Street, planted to the following 
standards and as approved by the Planning and Development Department. 
 
 
a. 
Minimum 2-inch caliper drought-tolerant, large canopy, single-trunk 
shade trees planted 20 feet on center or in equivalent groupings. 
 
 
b. 
Drought-tolerant shrubs, accents and vegetative groundcovers to 
achieve a minimum of 75% live coverage at maturity. 
 
 
Where utility conflicts arise, the developer shall work with the Planning and 
Development Department on an alternative design solution consistent with 
a pedestrian environment. 
 
9. 
The developer shall dedicate a sidewalk easement for any streetscape area 
(detached sidewalk and landscape strip) that falls outside of dedicated 
right-of-way along the east side of 34th Street, as approved by the Planning 
and Development Department.

10. 
The developer shall construct a minimum 5-foot-wide detached sidewalk 
and a minimum 5-foot-wide landscape strip between the back of curb and 
sidewalk for internal public and/or private sidewalks within the development, 
including along the perimeter of Tract B and Tract C, EXCEPT FRONTING 
LOTS 1-20, as depicted on the site plan stamped MAY 21, 2025 December 
20, 2022, planted to the following standards and as approved by the 
Planning and Development Department. 
 
 
a. 
Minimum 2-inch caliper drought-tolerant, large canopy, single-trunk 
shade trees planted 20 feet on center or in equivalent groupings. 
 
 
b. 
Drought tolerant shrubs, accents, and vegetative groundcovers to 
achieve a minimum of 75% live coverage at maturity. 
 
 
Where utility conflicts arise, the developer shall work with the Planning and 
Development Department on an alternative design solution consistent with 
a pedestrian environment. 
 
11. 
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. 
 
12. 
A Red Border Letter shall be submitted to the Arizona Department of 
Transportation (ADOT) for this development. 
 
13. 
The property owner shall record documents that disclose the existence, and 
operational characteristics of the Deer Valley Airport (DVT) 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. 
 
14. 
In the even 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. 
 
15. 
Prior to preliminary site plan approval, the landowner shall execute 
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 2. Due to the site’s specific physical conditions and the use 
district granted pursuant to Ordinance G-7106, this portion of the rezoning is now

subject to the stipulations approved pursuant to Ordinance G-7106 and as modified in 
Section 1 of this Ordinance. Any violation of the stipulation is a violation of the City of 
Phoenix Zoning Ordinance. Building permits shall not be issued for the subject site 
until all the stipulations have been met. 
SECTION 3. 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 July, 2025. 
 
 
 
________________________________ 
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 (2 Pages) 
B - Ordinance Location Map (1 Page)

EXHIBIT A 
 
LEGAL DESCRIPTION FOR PHO-1-25—Z-89-22-2 
 
 
The Land referred to herein below is situated in the County of Maricopa, State of 
Arizona, and is described as follows: 
 
LEGAL DESCRIPTION 
 
That part of the North Half of the Southwest Quarter of the Northeast Quarter of the 
Southwest 
Quarter of Section 1, Township 3 North, Range 3 East of the Gila and Salt River 
Meridian, 
Maricopa County, Arizona, more particularly described as follows: 
 
COMMENCING at the Northwest Corner of said North Half of the Southwest Quarter 
of the 
Northeast Quarter of the Southwest Quarter of Section 1, being the Southwest Corner 
of the 
Villa Addante Subdivision shown on the Final Plat, recorded in Book 301 of Maps, 
Page 3, 
Maricopa County Records, found, marked with a Brass Cap flush with the pavement; 
 
Thence South 89 degrees 36 minutes 03 seconds East South 89 degrees 14 minutes 
35 
seconds East (Record), along the Northerly line of said North Half of the Southwest 
Quarter of 
the Northeast Quarter of the Southwest Quarter of Section 1, being the Southerly line 
of said 
Villa Addante Subdivision, a distance of 275.00 feet to the POINT OF BEGINNING; 
 
Thence continuing South 89 degrees 36 minutes 03 seconds East South 89 degrees 
14 minutes 
35 seconds East (Record) along said line, a distance of 385.43 feet to the Northeast 
Corner of 
said North Half of the Southwest Quarter of the Northeast Quarter of the Southwest 
Quarter of 
Section 1, being a Northwesterly Corner of the Bella Terra Subdivision shown on the 
Final Plat, 
recorded in Book 200 of Maps, Page 12, Maricopa County Records; 
 
Thence South 00 degrees 40 minutes 46 seconds East South 00 degrees 28 minutes 
32 
seconds East (Record), departing said Northerly line and along the East line of said 
North Half 
of the Southwest Quarter of the Northeast Quarter of the Southwest Quarter of 
Section 1, also 
being the Westerly line of said Bella Terra Subdivision, a distance of 327.05 feet to the

Southeast Corner of said North Half of the Southwest Quarter of the Northeast Corner 
of the 
Southwest Quarter of Section 1, being a Northwesterly Corner of said Bella Terra 
Subdivision; 
 
Thence North 89 degrees 40 minutes 41 seconds West North 89 degrees 27 minutes 
46 
seconds West (Record), along the South line of said North Half of the Southwest 
Quarter of the 
Northeast Quarter of the Southwest Quarter of Section 1, also being the Northerly line 
of said 
Bella Terra Subdivision, a distance of 635.44 feet to a point on a line which is parallel 
with and 
25 feet Easterly, as measured at right angles, from the West line of said North Half of 
the 
Southwest Quarter of the Northeast Quarter of the Southwest Quarter of Section 1, 
being a 
Northwesterly Corner of said Bella Terra Subdivision; 
 
Thence North 00 degrees 40 minutes 34 seconds West, along said parallel line, a 
distance of 
160.02 feet to a point on a line which is parallel with an 160 feet Northerly, as 
measured at right 
angles, from said South line of the North Half of the Southwest Quarter of the 
Northeast Quarter 
of the Southwest Quarter of Section 01 and Northerly line of said Terra Bella 
Subdivision; 
 
Thence South 89 degrees 40 minutes 41 seconds East, along said parallel line, a 
distance of 
246.85 feet; 
 
Thence North 00 degrees 23 minutes 57 seconds East, departing said parallel line, a 
distance of 167.51 feet to the POINT OF BEGINNING. 
 
APN: 214-35-011C 2-6