Attachment A - Draft Ordinance - Z-4-25-1.pdf

City of Phoenix — Formal (2025-07-02)

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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.