Attachment A - Draft Ordinance - Z-4-25-1.pdf
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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-4-25-1) FROM S-1 (RANCH OR FARM
RESIDENCE DISTRICT) TO R1-10 (SINGLE-FAMILY
RESIDENCE DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 10.07-acre site located approximately 330
feet south of the southeast corner of 33rd Avenue and Dynamite Boulevard in a portion
of Section 35, Township 5 North, Range 2 East, as described more specifically in
Exhibit “A,” is hereby changed from “S-1” (Ranch or Farm Residence District) to “R1-10”
(Single-Family 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 limited to 30 lots.
2.
Building elevations shall contain multiple colors, exterior accent materials and
textural changes that exhibit quality and durability such as brick, stone, colored
textured concrete or stucco, or other materials to provide a decorative and
aesthetic treatment, as approved by the Planning and Development
Department.
3.
All buildings within the development shall be limited to 1-story not to exceed 20
feet in height.
4.
Minimum 5-foot-wide detached sidewalks separated by minimum 5-foot-wide
landscape strips located between the back of curb and sidewalk shall be
constructed on both sides of all streets within the subdivision, including the
east side of 33rd Avenue, planted to the following standards, and as approved
by the Planning and Development Department.
a.
Minimum 2-inch caliper, single-trunk, large canopy, drought-tolerant,
shade trees, planted 20 feet on center, or in equivalent groupings to
provide a minimum of 75% shade.
b.
A mixture of drought-tolerant shrubs, accents, and vegetative
groundcovers, with a maximum mature height of two feet, evenly
distributed throughout the landscape area to achieve a minimum of 50%
live coverage.
Where utility conflicts arise, the developer shall work with the Planning and
Development Department on an alternative design solution consistent with a
pedestrian environment.
5.
Dedicate and construct a minimum 30 feet of right-of-way for the east side of
33rd Avenue.
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.
A minimum of 10% of the required shrubs, shall be a milkweed or other native
nectar species, and shall be planted in groups of three or more, as approved
by the Planning and Development Department.
8.
Prior to preliminary plat approval, documentation shall be provided that
demonstrates participation in the Environmental Protection Agency’s
WaterSense certification program, or an equivalent program, as approved by
the Planning and Development and Water Services departments.
9.
A WaterSense inspection report from a third-party verifier shall be submitted
that demonstrates successful participation in the Environmental Protection
Agency’s WaterSense certification program, or an equivalent program, prior to
certificate of occupancy, as approved by the Planning and Development
Department.
10.
Only landscape materials listed in the Phoenix Active Management Area Low-
Water-Use/Drought-Tolerant Plant List shall be utilized throughout the
subdivision including the front, side, and rear yards of individual residential lots.
This restriction shall be included in the Covenants, Conditions, and Restrictions
for the subdivision.
11.
Natural turf shall not be utilized on individual single-family lots (including the
side and rear yards). This restriction shall be included in the Covenants,
Conditions, and Restrictions for the subdivision.
12.
A minimum of two green stormwater infrastructure (GSI) elements for
stormwater management shall be implemented, as approved or modified by the
Planning and Development and/or Street Transportation departments. This
includes but is not limited to stormwater harvesting basins, bioswales,
permeable pavement, etc., per the Greater Phoenix Metro Green Infrastructure
and Low Impact Development Details for Alternative Stormwater Management.
13.
Participation in the City of Phoenix Homeowner’s Association Water Efficiency
Program shall be incorporated into the Covenants, Conditions, and Restrictions
for the subdivision, prior to final site plan approval.
14.
Swimming pools on individual single-family lots shall be limited to 600 square
feet in size.
15.
The property owner shall record documents that disclose the existence, and
operational characteristics of Deer Valley 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.
16.
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.
17.
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.
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 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 (1 Page)
B – Ordinance Location Map (1 Page)
EXHIBIT A
LEGAL DESCRIPTION FOR Z-4-25-1
THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER AND THE NORTH HALF OF THE
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 35, TOWNSHIP 5 NORTH, RANGE 2 EAST OF THE GILA
AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA;
EXCEPT THE WEST 30.00 FEET THEREOF.