Attachment A - Draft Ordinance - Z-18-22-1.pdf

City of Phoenix — Formal (2022-09-07)

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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-18-22-1) FROM S-1 (RANCH OR FARM 
RESIDENCE DISTRICT) TO R-2 (MULTIFAMILY RESIDENCE 
DISTRICT). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 2.55-acre site located at the northeast corner 
of 19th Avenue and Yearling Road in a portion of Section 6, Township 4 North, Range 3 
East, as described more specifically in Exhibit “A,” is hereby changed from “S-1” (Ranch 
or Farm Residence District), to “R-2” (Multifamily 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 18 dwelling units. 
 
 
2. 
The development shall not exceed a maximum building height of 30 feet. 
 
 
3. 
The development shall contain a minimum 3,500-square-foot open space area 
at the northeast corner of the site. 
 
 
4. 
The common open space area shall provide a minimum of 3 active recreational 
elements, such as, but not limited to playground sets, ramadas, barbeque area, 
as approved by the Planning and Development Department. 
 
 
5. 
The garage doors shall have a variety of decorative embellishments such as 
window panels, color and added materials for the pillars surrounding the door, 
as approved by the Planning and Development Department. 
 
 
6. 
The required perimeter setbacks on all sides of the property shall be 
landscaped and 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. 
 
 
7. 
The developer shall construct a minimum 5-foot-wide detached sidewalk and a 
minimum 11-foot-wide landscape area between the back of curb and sidewalk 
along 19th Avenue, planted to the following standards and as approved by the 
Planning and Development Department. 
 
 
 
a. 
Minimum 2-inch caliper drought-tolerant shade trees that provide shade 
to a minimum 75 percent at maturity. 
 
 
 
 
b. 
Drought-tolerant vegetation to achieve 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. 
 
 
8. 
The Developer shall work with Maricopa County to de-annex the 25-foot federal 
patent easement area of the southern property line adjacent to Yearling Road. 
If the 25-foot federal patent easement area is not de-annexed within 6 months 
after the approval date of this rezoning, the applicant shall construct 
improvements over the federal patent easement area, as modified and 
approved by the Street Transportation Department and the Planning and 
Development Department. 
 
 
9. 
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. 
 
 
10. 
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. 
 
 
11. 
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. 
 
 
12. 
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 September, 
2022.  
 
 
 
 
________________________________ 
 
 
 
       MAYOR  
 
 
ATTEST:  
 
 
_________________________  
Denise Archibald, City Clerk

APPROVED AS TO FORM: 
Cris Meyer, 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-18-22-1 
 
A PORTION OF LOT 29, SECTION 6, TOWNSHIP 4 NORTH, RANGE 3 EAST OF THE 
GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA 
MORE PARTICULARLY DESCRIBED AS FOLLOWS: 
 
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 29; THENCE NORTH 
89°25’48” EAST ALONG THE SOUTH LINE OF SAID LOT 29, A DISTANCE OF 70.00 
FEET; THENCE NORTH 0°08’06” WEST PARALLEL WITH AND 70.00 FEET EAST OF 
THE WEST LINE OF SAID LOT 29, A DISTANCE OF 165.21 FEET TO THE TRUE 
POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE 
CONTINUING NORTH 0°08’06” WEST PARALLEL WITH AND 70.00 FEET EAST OF 
THE WEST LINE OF SAID LOT 29, A DISTANCE OF 165.21 FEET; THENCE NORTH 
89°25’47” EAST ALONG THE NORTH LINE OF SAID LOT 29, A DISTANCE OF 265.49 
FEET; THENCE SOUTH 0°26’49” EAST ALONG THE EAST LINE OF THE WEST 60.00 
FEET OF THE EAST 1.99 ACRES OF SAID LOT 29, A DISTANCE OF 165.21 FEET; 
THENCE SOUTH 89°25’48” WEST, A DISTANCE OF 266.39 FEET TO THE TRUE 
POINT OF BEGINNING. 
 
A PORTION OF LOT 29, SECTION 6, TOWNSHIP 4 NORTH, RANGE 3 EAST OF THE 
GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA 
MORE PARTICULARLY DESCRIBED AS FOLLOWS: 
 
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 29; THENCE NORTH 
89°25’48” EAST ALONG THE SOUTH LINE OF SAID LOT 29, A DISTANCE OF 70.00 
FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; 
THENCE NORTH 0°08’06” WEST PARALLEL WITH AND 70.00 FEET EAST OF THE 
WEST LINE OF SAID LOT 29, A DISTANCE OF 165.21 FEET; THENCE NORTH 
89°25’48” EAST, A DISTANCE OF 266.39 FEET; THENCE SOUTH 0°26’49” EAST 
ALONG THE EAST LINE OF THE WEST 60.00 FEET OF THE EAST 1.99 ACRES OF 
SAID LOT 29, A DISTANCE OF 165.20 FEET; THENCE SOUTH 89°25’48” WEST 
ALONG THE SOUTH LINE OF SAID LOT 29, A DISTANCE OF 267.29 FEET TO THE 
TRUE POINT OF BEGINNING.