Attachment A - Draft Ordinance - Z-66-19-2.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 ORDINANCE BY CHANGING THE ZONING DISTRICT 
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN 
(CASE Z-66-19-2) FROM C-O/G-O HGT/WVR DVAO 
(COMMERCIAL OFFICE DISTRICT, GENERAL OFFICE OPTION, 
HEIGHT WAIVER, DEER VALLEY AIRPORT OVERLAY 
DISTRICT) AND R1-6 DVAO (SINGLE-FAMILY RESIDENCE 
DISTRICT, DEER VALLEY AIRPORT OVERLAY DISTRICT) TO 
R1-6 DVAO (SINGLE-FAMILY RESIDENCE DISTRICT, DEER 
VALLEY AIRPORT OVERLAY DISTRICT). 
 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 39.43-acre site located at the southwest 
corner of Cave Creek Dam Road and the Desert Peak Parkway alignment in a portion 
of Section 10, Township 4 North, Range 3 East, as described more specifically in 
Exhibit “A”, is hereby changed from 6.61 acres of “C-O/G-O HGT/WVR DVAO” 
(Commercial Office District, General Office Option, Height Waiver, Deer Valley Airport 
Overlay District) and 32.82 acres of “R1-6 DVAO” (Single-Family Residence District,

Deer Valley Airport Overlay District) to “R1-6 DVAO” (Single-Family Residence District, 
Deer Valley Airport Overlay 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 not exceed 33 lots. 
 
 
2. 
A minimum of 70 percent of the gross project area shall be retained as open 
space, including washes and hillside areas as approved by the Planning and 
Development Department. 
 
 
3. 
All elevations shall contain three of the following architectural embellishments 
and detailing, such as: textural changes, pilasters, offsets, recesses, variation 
in window size or location, overhang canopies, stone veneer wainscoting, 
decorative gabel pipe details, decorative wooden shutters, or similar features, 
as approved by the Planning and Development Department. 
 
 
4. 
Building and wall colors shall be muted and blend with rather than contrast 
strongly with the surrounding desert environment. as approved by the 
Planning and Development Department. 
 
 
5. 
All elevations shall have decorative garage treatments, including but not 
limited to, windows, raised or recessed panels, architectural trim, and/or single 
garage doors, as approved by the Planning and Development Department. 
 
 
6. 
A minimum landscape setback of 25 feet shall be required along Cave Creek 
Dam Road. 
 
 
7. 
The sidewalks along Cave Creek Damn Road shall be detached with a 
minimum 5-foot-wide landscaped area located between the sidewalk and back 
of curb. Minimum 2-inch caliper shade trees shall be planted on both sides of 
the sidewalk (minimum of 20 feet on center or equivalent groupings), as 
approved by the Planning and Development Department.

8. 
On interior streets, shade trees shall be planted adjacent to sidewalks at a rate 
of a minimum of two, 2-inch caliper or greater shade tree provided at a 
spacing of 20 to 30 feet on center, depending on species, within the front yard 
of each residential lot and where sidewalks are adjacent to common area 
tracts, as approved by the Planning and Development Department. 
 
 
9. 
All landscape material shall be drought tolerant plant types, as approved 
by the Planning and Development Department. 
 
 
10. 
All retention areas shall be natural and organic in shape to blend with the 
natural desert area, as approved by the Planning and Development 
Department. 
 
 
11. 
Perimeter walls shall incorporate stone veneer, stonework, faux stone, or 
integral color CMU block, as approved by the Planning and Development 
Department. 
 
 
STREET TRANSPORTATION 
 
 
12. 
The developer shall be responsible for the installation of all associated 
drainage improvements to the adjacent roadways in accordance with the City 
of Phoenix, Storm Water Design Manual. 
 
 
13. 
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. 
 
 
FLOODPLAIN MANAGEMENT 
 
14. 
This parcel is located in Special Flood Hazard Areas called a Zone AE 
Floodplain & Floodway on panel 1285 L of the Flood Insurance Rate Maps 
(FIRM) dated October 16, 2013. 
 
 
 
a 
No encroachment is allowed in the floodway without hydrologic and 
hydraulic analysis showing no rise in water surface elevation and 
increase in the special flood hazard area boundaries. 
 
 
 
 
b. 
The Architect/Engineer is required to show the special flood hazard 
area boundary limits on plans and ensure that impacts to the proposed 
facilities and surrounding properties have been considered, following 
the National Flood Insurance Program (NFIP) Regulations (44 CFR 
Paragraph 60.3). This includes, but not limited to provisions in the 
latest versions of the Floodplain Ordinance of the Phoenix City Code.

c.  
A copy of the Grading and Drainage Plan shall be submitted to the 
Floodplain Management section of Public Works Department for 
review and approval of Floodplain requirements prior to issuance of a 
Grading Permit. 
 
 
 
 
d. 
The developer shall provide a FEMA approved CLOMR-F or CLOMR 
prior to issuance of a Grading and Drainage permit. 
 
 
 
AVIATION 
 
15. 
The developer shall grant and record an avigation notice to the City of 
Phoenix Aviation and Planning and Development Departments for the site, per 
Zoning Ordinance Section 658D and per the content and form provided prior 
to final site plan approval. 
 
 
16. 
The property owner shall record documents that disclose the existence, and 
operational characteristics of Phoenix 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. 
 
 
ARCHAEOLOGY 
 
17. 
If determined necessary by the Phoenix Archaeology Office, the applicant 
shall conduct Phase I data testing and submit an archaeological survey report 
of the development area for review and approval by the City Archaeologist 
prior to clearing and grubbing, landscape salvage, and/or grading approval. 
 
 
18. 
If Phase I data testing is required, and if, upon review of the results from the 
Phase I data testing, the City Archaeologist, in consultation with a qualified 
archaeologist, determines such data recovery excavations are necessary, the 
applicant shall conduct Phase II archaeological data recovery excavations. 
 
 
19. 
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. 
 
 
20. 
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 20th day of May, 2020.  
 
 
 
 
 
________________________________ 
 
 
 
       MAYOR  
 
 
ATTEST: 
 
 
____________________________City Clerk 
 
 
APPROVED AS TO FORM: 
 
____________________________City Attorney 
 
 
REVIEWED BY:  
 
____________________________City Manager 
 
 
 
Exhibits: 
A – Legal Description (2 Pages) 
B – Ordinance Location Map (1 Page)

EXHIBIT A 
 
LEGAL DESCRIPTION FOR Z-66-19-2 
 
 
A portion of land being situated within the Northwest quarter of Section 10,  
Township 4 North, Range 3 East of the Gila and Salt River Meridian, Maricopa County, 
Arizona, being more particularly described as follows:  
 
COMMENCING at a found stone marked "CS" accepted as the Center of said Section 1 
0 from which a found stone with chiseled "X" on top and "Z" on side  
accepted as the North quarter corner thereof bears North 00°03'38" East,  
2639.20 feet;  
 
Thence South 89°57'21" West, 1500.93 feet along the south line of said  
Northwest quarter to the southwest corner of Parcel Two as described in the  
Warranty Deed as recorded in Document No. 2002-0716543, Maricopa County 
Records, Arizona, being the POINT OF BEGINNING;  
 
Thence continuing along said south line, South 89°57'21" West, 1108.13 feet to the 
West quarter corner of said Section 1 0;  
 
Thence North 00°05'15" West, 495.23 feet along the west line of said Northwest quarter 
to the southwest corner of the property as described in the Quit Claim Deed as recorded 
in Document No. 2016-0557245, Maricopa County Records, Arizona;  
 
Thence North 89°57'51" East, 33.00 feet along the south line of said Quit Claim Deed to 
the southeast corner thereof;  
 
Thence North 00°05'15" West, 825.38 feet along the east line of said Quit Claim Deed 
to the northeast corner thereof, said corner being on the north line of the Southwest 
quarter of said Northwest quarter;  
 
Thence North 89°58'41" East, 1273.24 feet along said north line to the northeast corner 
of said Southwest quarter of the Northwest quarter;  
 
Thence South 00°00'49" East, 42.96 feet along the east line of said Southwest quarter 
of the Northwest quarter, also being the centerline of Cave Creek Dam Road as shown 
on the Final Plat for "Hillstone-South Parcel 1", as recorded in Book 1404, Page 31, 
Maricopa County Records, Arizona, to the beginning of a tangent curve, concave 
northeasterly, having a radius of 500.00 feet;  
 
Thence leaving said east line, along said centerline and along said curve,  
through a central angle of 45°17'59", an arc length of 395.32 feet to a tangent  
line;

Thence continuing along said centerline, South 45°18'48" East, 329.43 feet to the 
intersection of said centerline and the northerly line of aforementioned Warranty Deed;  
Thence leaving said centerline and along said northerly line,  
South 64°37'41" West, 813.36 feet;  
 
Thence South 24°33'55" East, 375.76 feet along the westerly line of said Warranty 
Deed to the POINT OF BEGINNING. 
 
 
The above described parcel contains a computed area of 1,685,622 sq. ft.  
(38.6966 acres) more or less an being subject to any easements, restrictions, rights-of-
way of record or otherwise.  
 
The description shown hereon is not to be used to violate any subdivision regulation of 
the state, county and/or municipality or any land division restrictions.  
Prepared by: HILGARTWILSON, LLC