Attachment A - Draft Ordinance - Z-16-22-1.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 ZONING ORDINANCE BY CHANGING THE ZONING 
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED 
HEREIN (CASE Z-16-22-1) FROM S-1 (RANCH OR FARM 
RESIDENCE) 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 5.04 acre site located approximately 300 feet 
south of the southwest corner of 31st 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), 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 not exceed 14 lots. 
 
 
2. 
The development shall be in general conformance with the conceptual elevations 
date stamped March 10, 2022, as approved by the Planning and Development 
Department. 
 
 
3. 
A minimum of 10 lots, which shall include all lots adjacent to 31st Avenue, the lot 
at the northwest corner of the site, and all lots adjacent to the south perimeter of 
the site, shall be limited to 1 story and 20 feet in height, as approved by the 
Planning and Development Department. 
 
 
4. 
The common open space area shall provide a minimum of 2 active recreational 
elements, such as, but not limited to, playground sets, ramadas, barbeque area, 
as approved by the Planning and Development Department. 
 
 
5. 
The required landscape setback along 31st Avenue shall include minimum 50 
percent 2-inch caliper and minimum 50 percent 3-inch caliper trees planted 20 
feet on center or in equivalent groupings, as approved by the Planning and 
Development Department. 
 
 
6. 
All sidewalks within the subdivision shall be detached with a minimum 5-foot-
wide landscaped strip located between the sidewalk and back of curb and shall 
include minimum 2-inch caliper shade trees planted a minimum of 20 feet on 
center or in equivalent groupings along both sides of the sidewalk, as approved 
by the Planning and Development Department. 
 
 
7. 
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. 
 
 
8. 
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. 
 
 
9. 
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.

10. 
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 7th day of December, 
2022.  
 
 
 
 
________________________________ 
 
 
 
       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 
 
Parcel 1: 
The North half of the South half of the Northeast 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; 
EXCEPTING the Easterly 25 feet for right of way purposes as found in Ordinance S-
29091; and 
EXCEPT all oil, gas and other mineral deposits as reserved to the United States of 
America in patent to said land recorded in Docket 3620, page 379. 
 
Parcel 2: 
The South half of the South half of the Northeast 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; 
EXCEPTING the Easterly 25 feet for right of way purposes as found in Ordinance S-
29091; and 
EXCEPT all oil, gas and other mineral deposits as reserved to the Unites States of 
America in patent to said land recorded in Docket 3620, page 379. 
together with all rights and privileges appurtenant thereto.