Attachment A - Draft Ordinance - Z-65-19-2.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-65-19-2) FROM RE-35 (SINGLE-FAMILY 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 7.67-acre site located at the northeast corner 
of 42nd Street and Peak View Road in a portion of Section 30, Township 5 North, 
Range 4 East, as described more specifically in Exhibit “A”, is hereby changed from 
“RE-35” (Single-Family 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 subject to Single-Family Design Review prior to final 
site plan approval, with the additional requirement that building materials and 
colors shall express a desert character and shall blend with, rather than strongly 
contrast with the desert environment, as approved by the Planning and 
Development Department. 
 
 
2. 
Homes shall have a maximum height of one story and 20 feet on Lot Nos. 8, 9, 
10, 11, 12, 13, 21, 22, and 23, as depicted on the Site Plan date stamped 
December 9, 2019, as approved or modified by the Planning and Development 
Department. 
 
 
3. 
The development shall not exceed 23 residential lots. 
 
 
4. 
The minimum residential lot width shall be 65 feet. 
 
 
5. 
The minimum open space provided shall be 10 percent. 
 
 
6. 
A pedestrian connection shall be provided from the northern internal street to 
the common open space area abutting Peak View Road. 
 
 
7. 
A minimum 4,500-square-foot landscape setback shall be provided on the west 
side of 42nd Street, as approved by the Planning and Development Department. 
 
 
8. 
The sidewalks along the north side of Peak View Road, the east side of 42nd 
Street, and the first 250 feet of the west side of 42nd Street shall be detached 
with a minimum five-foot-wide landscaped strip located between the sidewalk 
and back of curb. Minimum 2-inch caliper shade trees shall be planted on both 
sides of the sidewalk at 20 feet on center or in equivalent groupings, as 
approved by the Planning and Development Department.   
 
 
9. 
On interior private accessways, 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. 
 
 
10. 
All new perimeter walls where visible from Peak View Road shall include 
material and textural differences, such as stucco and/or split face block with a 
decorative element, such as tile, glass insets, or stamped designs, as approved 
by the Planning and Development Department.

11. 
The development entry shall incorporate decorative metal gates and signage as 
depicted on the Design Concept Plan date stamped January 31, 2020, as 
approved by the Planning and Development Department. 
 
 
12. 
A pedestrian crossing, constructed of decorative pavers, stamped or colored 
concrete, or another material, other than those used to pave the parking 
surfaces and drive aisles, shall be provided across the main entry driveway, as 
approved by the Planning and Development Department. 
 
 
13. 
The developer shall dedicate 40 feet of right-of-way for the north half of Peak 
View Road, as approved by the Planning and Development Department.   
 
 
14. 
The developer shall provide 25 feet of paving, from the monument line to the 
face of curb on Peak View Road, as approved by the Planning and 
Development Department. 
 
 
15. 
The developer shall extend and develop 42nd Street in accordance with City 
Code and development requirements, if retained as a public street. 
 
 
16. 
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 
 
 
17. 
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. 
 
 
18. 
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 (1 Page) 
B – Ordinance Location Map (1 Page)

EXHIBIT A 
 
LEGAL DESCRIPTION FOR Z-65-19-2 
 
Parcel No. 1 
 
The Land Referred to Herein Below Is Situated in The County of Maricopa, State of 
Arizona, and is Described as Follows: 
 
The West Half of The South Half of the Southwest Quarter of the Southeast Quarter of 
the Northwest Quarter; and  
 
The West 15 Feet of the East Half of the South Half of the Southwest Quarter of the 
Southeast Quarter of the Northwest Quarter; 
 
All in Section 30, Township 5 North, Range 4 East of the Gila and Salt River Base and 
Meridian, Maricopa County, Arizona; 
 
Except the West 30 Feet Thereof. 
 
Parcel No. 2 
 
The North Half of The Southwest Quarter of the Southeast Quarter of the Northwest 
Quarter of Section 30, Township 5 North, Range 4 East of the Gila and Salt River Base 
Meridian, Maricopa County, Arizona.