Attachment A - Draft Ordinance - Z-77-22-8.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-77-22-8) FROM S-1 (RANCH OR FARM
RESIDENCE) TO R1-8 (SINGLE-FAMILY RESIDENCE
DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 7.68-acre property located approximately 40
feet north of the northwest corner of 27th Avenue and Harvest Groves Lane in a portion
of Section 35, Township 1 North, Range 2 East, as described more specifically in
Exhibit “A,” is hereby changed from “S-1” (Ranch or Farm Residence) to “R1-8” (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.
All building elevations shall contain architectural features that reflect modern
farmhouse architecture including, but not limited to, detailing such as pitched
roofs, variation in window size, overhang canopies and exterior accent
materials such as board and batten siding, stone, brick veneer, and upgraded
garage doors, as approved by the Planning and Development Department.
a.
All street facing elevations shall have a minimum of 25% exterior accent
materials, not including stucco, as noted above.
b.
All rear facing single-story elevations shall contain at least two of the
following architectural embellishments and detailing: textural changes,
pilasters, offsets, recesses, variation in window size and location, and
overhang canopies, as approved by the Planning and Development
Department.
c.
All rear facing two-story elevations shall contain at least three of the
following architectural embellishments and detailing: textural changes,
pilasters, offsets, recesses, variation in window size and location, and
overhang canopies, as approved by the Planning and Development
Department.
d.
All garage doors shall have decorative embellishments such as window
panels, added materials surrounding the door, or trellises, as approved
by the Planning and Development Department.
2.
Each individual front building plane shall have articulation or staggering a
minimum of 5 feet in depth as approved by Planning and Development
Department.
3.
The homes abutting the existing homes to the east (Lots 1 and 33) shall be
limited to one story in height and with no more than three adjacent two-story
homes.
4.
The project shall not exceed 33 lots.
5.
The developer shall plat individual lots.
6.
A minimum lot width of 50 feet shall be provided, as approved by the Planning
and Development Department.
7.
A minimum 60-foot-wide open space buffer shall be provided along the south
perimeter of the site.
8.
The open space buffer along the south perimeter of the site shall be planted
with minimum 25% 2-inch caliper and minimum 75% 3-inch caliper large
canopy, drought tolerant trees, planted 20 feet on center or in equivalent
groupings, as approved by the Planning and Development Department.
9.
A minimum 22-foot garage setback for front-loaded garages, measured from
the back of sidewalk, shall be provided for each home in the development, as
approved by the Planning and Development Department.
10.
A minimum 5-foot-wide detached sidewalk and a minimum 5-foot-wide
landscape strip between the back of curb and sidewalk shall be provided within
the development, planted to the following standards and as approved by the
Planning and Development Department.
a.
Minimum 2-inch caliper drought-tolerant, large canopy, single-trunk
shade trees planted 20 feet on center or in equivalent groupings.
b.
Drought-tolerant shrubs, accents and vegetative groundcovers to
achieve a minimum of 75 percent live coverage at maturity.
Where utility conflicts arise, the developer shall work with the Planning and
Development Department on an alternative design solution consistent with a
pedestrian environment.
11.
A total of 65 feet of right-of-way shall be dedicated for the west half of 27th
Avenue or as approved by Maricopa County.
12.
Street improvements to 27th Avenue are outside of Phoenix City Limits and
shall be reviewed and approved by Maricopa County. Documentation of the
county review and approval shall be provided prior to Preliminary Site Plan
approval.
13.
All streets within and adjacent to the development shall be constructed with
paving, curb, gutter, sidewalk, curb ramps, streetlights, landscaping and other
incidentals, as per plans approved by the Planning and Development
Department and Maricopa County. All improvements shall comply with all ADA
accessibility standards.
14.
The property owner shall record documents that disclose the existence, and
operational characteristics of Phoenix Sky Harbor 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.
15.
The property owner shall record documents that disclose the operational
characteristics of the existing agricultural and commercial uses adjacent to the
site.
16.
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.
17.
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.
18.
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.
19.
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 1st day of November,
2023.
________________________________
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-77-22-8
THE SOUTH HALF OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION THIRTY-FIVE (35), TOWNSHIP ONE (1)
NORTH, RANGE TWO (2) EAST OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, MARICOPA COUNTY, ARIZONA;
EXCEPT THE NORTH 90.00 FEET OF THE EAST 485.00 FEET; AND
EXCEPT THE SOUTH 172.00 FEET OF THE EAST 286.50 FEET; AND
EXCEPT THE EAST 33.00 FEET ROAD.