Attachment A - Draft Ordinance - Z-11-22-5.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-11-22-5) FROM RE-35 
(SINGLE-FAMILY RESIDENCE DISTRICT) TO R1-18 
(SINGLE-FAMILY RESIDENCE DISTRICT). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 20.16-acre site located on the northeast 
corner of 107th Avenue and Missouri Avenue in a portion of Section 17, Township 2 
North, Range 1 East, as described more specifically in Exhibit “A,” is hereby 
changed from “RE-35” (Single-Family Residence District), to “R1-18” (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 in general conformance with the conceptual site 
plan date stamped February 22, 2022, as modified by the following 
stipulations and approved by the Planning and Development Department. 
 
 
2.  
All lots in the development shall be subject to Single-Family Design 
Review. 
 
 
3. 
The maximum building height shall be 21 feet. 
 
 
4. 
The landscape setback along 107th Avenue and Missouri Avenue shall be 
planted with a minimum 75% 2-inch caliper trees and minimum 25% 3-inch 
caliper or multi-trunk trees, as approved by the Planning and Development 
Department 
 
 
5. 
A minimum of 10% percent of the gross site area shall be retained as 
common area, as approved by the Planning and Development Department. 
 
 
6.  
The common open space area shall provide a minimum of 3 active 
recreational elements, such as, but not limited to, playground sets, ramadas, 
or a barbeque area, as approved by the Planning and Development 
Department. 
 
 
7.  
All sidewalks 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 single-trunk shade trees, as approved by the Planning and 
Development Department. 
 
 
8.  
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. 
 
 
9. 
The developer shall dedicate 40-feet of right-of-way and construct the east 
side of 107th Avenue, as approved or modified by the Planning and 
Development Department. 
 
 
10. 
The developer shall dedicate minimum 30-feet of right-of-way and construct 
the north side of Missouri Avenue, as approved by the Planning and 
Development Department. 
 
 
11. 
The developer shall underground existing electrical utilities within the public 
right-of-way that are impacted or those that require relocation as part of the

project. The developer shall be responsible for coordinating with affected 
utilities for review and permitting. 
 
 
12.  
The developer shall underground all existing irrigation facilities along 107th 
Avenue outside of City of Phoenix right-of-way. The developer shall contact 
SRP to identify existing land rights and establish the appropriate process to 
relocate facility. Relocations that require additional dedications or land 
transfer require completion prior to obtaining plat and/or civil plan review 
approval. 
 
 
13.  
Prior to final site plan approval, the property owner shall record 
documents that disclose to purchasers of property within the 
development(s) the existence and operational characteristics of nearby 
existing ranchettes and animal privilege private properties that may cause 
adverse noise, odors, dust, and other externalities 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. 
The disclosures shall be noted in the CC&Rs in a section titled 
“nuisances”. 
 
 
14. 
The developer shall provide a No Hazard Determination for proposed 
development for the FAA pursuant to the FAA’s Form-7460 obstruction 
analysis review process, prior to Planning and Development Department’s 
preliminary plat approval. 
 
 
15. 
The developer shall dedicate to the City of Phoenix an avigation easement 
for the site, per the form and content prescribed by the City Attorney, prior to 
Planning and Development Department preliminary plat approval. The 
developer shall also dedicate and record an avigation easement in favor of 
the City of Glendale in the form submitted to the City of Phoenix. The 
avigation easements shall be noted in the CC&Rs in a section titled “airport 
nuisances”. 
 
 
16. 
The property owner shall record documents that disclose the existence, and 
operational characteristics of Glendale Airport to future owners and 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, and in accordance with State law requiring 
airport disclosure. 
 
 
17.  
The developer’s engineer of record shall certify and note on the preliminary 
and final plats as well as relevant construction drawings that the proposed 
residential construction shall achieve a maximum interior noise level of 45 
decibels (DNL). 
 
 
18. 
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. 
 
 
19.  
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. 
 
 
20. 
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. 
 
 
21. 
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 July, 
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-11-22-5 
 
PARCEL NO. 1: The East 258.00 feet of the South half of the Southwest quarter of 
the Northwest quarter of Section 17, Township 2 North, Range 1 East of the Gila 
and Salt River Base and Meridian, Maricopa County, Arizona.  
 
PARCEL NO. 2: The West 258.00 feet of the East 516.00 feet of the South half of 
the Southwest quarter of the Northwest quarter of Section 17, Township 2 North, 
Range 1 East of the Gila and Salt River Base and Meridian, Maricopa County, 
Arizona.  
 
PARCEL NO. 3: The West 258.00 feet of the East 774.00 feet of the South half of 
the Southwest quarter of the Northwest quarter of Section 17, Township 2 North, 
Range 1 East of the Gila and Salt River Base and Meridian, Maricopa County, 
Arizona.  
 
PARCEL NO. 4: The West 258 00 feet of the East 1032.00 feet of the South half of 
the Southwest quarter of the Northwest quarter of Section 17, Township 2 North, 
Range 1 East of the Gila and Salt River Base and Meridian, Maricopa County, 
Arizona.  
 
PARCEL NO. 5: The South half of the Southwest quarter of the Northwest quarter of 
Section 17, Township 2 North, Range 1 East of the Gila and Salt River Base and 
Meridian, Maricopa County, Arizona; EXCEPT the East 1032.00 feet thereof; and 
EXCEPT the West 33.00 feet.