Attachment A - Draft Ordinance - Z-59-22-1.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-59-22-1) FROM S-1 (RANCH OR FARM 
RESIDENCE) AND C-2 (INTERMEDIATE COMMERCIAL) TO 
PUD (PLANNED UNIT DEVELOPMENT). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of an 8.00 acre property located approximately 
320 feet north of the northwest corner of 17th Avenue and Happy Valley Road in a 
portion of Section 6, Township 4 North, Range 3 East, as described more specifically in 
Exhibit “A,” is hereby changed from 5.28 acres of “S-1” (Ranch or Farm Residence) and 
2.72 acres of “C-2” (Intermediate Commercial) to “PUD” (Planned Unit Development). 
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. 
An updated Development Narrative for the Home at Happy Valley PUD 
reflecting the changes approved through this request shall be submitted to the 
Planning and Development Department within 30 days of City Council approval 
of this request. The updated Development Narrative shall be consistent with 
the Development Narrative date stamped April 4, 2023, as modified by the 
following stipulations: 
 
 
 
a. 
Front cover: Revise the date information on the cover page to the 
following:  
 
City Council Adopted: [Add Adoption Date] 
 
 
2.  
A minimum of 30 feet of right-of-way shall be dedicated for the west side of 
17th Avenue, as approved by the Planning and Development Department. 
 
 
3.  
The applicant shall submit a Traffic Impact Study to the City for this 
development. The developer shall be responsible for cost and construction of 
all mitigation identified through the analysis. No preliminary approval of plans 
shall be granted until the study is reviewed and approved by the Street 
Transportation Department. 
 
 
4. 
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. 
 
 
5. 
The property owner shall record documents that disclose the existence, and  
operational characteristics of Phoenix Deer Valley Airport (DVT) 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. 
 
 
6. 
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. 
 
 
7. 
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 31st day of May, 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 (2 Pages) 
B – Ordinance Location Map (1 Page)

EXHIBIT A 
 
LEGAL DESCRIPTION - NCS-1099164 
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF 
MARICOPA, STATE OF ARIZONA, AND IS DESCRIBED AS FOLLOWS: 
LOT 41, SECTION 6, TOWNSHIP 4 NORTH, RANGE 3 EAST OF THE GILA AND 
SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTRY, ARIZONA. 
EXCEPT ALL COAL, OIL GAS AND OTHER MINERAL DEPOSITS AS RESERVED IN 
THE PATENT. 
 
LEGAL DESCRIPTION - NCS-1108661 
THE LAND REFERRED TO HERIN BELOW IS SITUATED IN THE COUNTY OF 
MARICOPA, STATE OF ARIZONA AND IS DESCRIBED AS FOLLOWS: 
PARCEL NO. 1: 
A PORTION OF LOT 42, SECTION 6, TOWNSHIP 4 NORTH, RANGE 3 EAST, OF 
THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA 
COUNTY, ARIZONA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 
COMMENCING AT MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION 
BRASS CAP FLUSH MARKING THE SOUTH QUARTER CORNER OF 
SAID SECTION 6 FROM WHICH A CITY OF PHOENIX BRASS CAP IN HANDHOLE 
MARKING THE SOUTHWEST CORNER OF SAID SCTION 6 BEARS 
SOUTH 89 DEGREES 17 MINUTES 55 SECONDS WEST 2647.15 FEET, SAID 
DESCRIBED LINE BEING THE BASIS OF BEARINGS OF THIS 
DESCRIPTION; 
THENCE SOUTH 89 DEGREES 17 MINUTES 55 SECONDS WEST 1396.91 FEET 
ALONG THE SOUTH LINE OF SOUTHWEST QUARTER OF SAID 
SECTION 6 TO THE INTERSECTION OF 17TH AVE & HAPPY VALLEY ROAD; 
THENCE NORTH 00 DEGREES 51 MINUTES 55 SECONDS WEST 330.32 FEET 
ALONG THE MONUMENT LINE OF SAID 17TH AVENUE TO THE 
SOUTHEAST CORNER OF SAID LOT 42; 
THENCE SOUTH 89 DEGREES 18 MINUTES 45 SECONDS WEST 27.00 FEET 
ALONG THE SOUTH LINE OF SAID LOT 42 TO THE WETERLY RIGHT 
OF WAY AS DESCRIBED IN DOCUMENT NO. 2013-0925285, RECORDS OF 
MARICOPA COUNTY, ARIZONA AND THE POINT OF BEGINNING; 
THENCE CONTINUING SOUTH 89 DEGREES 18 MINUTES 45 SECONDS WEST 
184.41 FEET ALONG SAID SOUTH LINE; 
THENCE NORTH 00 DEGREES 38 MINUTES 27 SECONDS WEST 330.35 FEET TO 
THE NORTH LINE OF SAID LOT 42; 
THENCE NORTH 89 DEGREES 19 MINUTES 29 SECONDS EAST 180.11 FEET 
ALONG SAID NORTH LINE TO SAID WESTERLY RIGHT OF WAY; 
THENCE SOUTH 00 DEGREES 51 MINUTES 55 SECONDS EAST 165.15 FEET TO 
THE NORTH LINE OF SAID WESTERLY RIGHT OF WAY; 
THENCE NORTH 89 DEGREES 19 MINUTES 07 SECONDS EAST 3.00 FEET 
ALONG SAID NORTH LINE TO THE SAID WESTERLY RIGHR OF WAY; 
THENCE SOUTH 00 DEGREES 51 MINUTES 55 SECONDS EAST 165.15 FEET 
ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING. 
EXCEPT ALL COAL, OIL GAS AND OTHER MINERAL DEPOSITS AS RESERVED IN 
THE PATENT FROM UNITED STATES OF AMERICA IN DOCKET 1624, PAGE 2.

PARCEL NO. 2; ** SURVEYOR'S DESCRIPTION** 
A PORTION OF G.L.O. LOT 42 LOCATED IN THE SOUTHWEST QUARTER OF 
SECTION 6, TOWNSHIP 4 NORTH, RANGE 3 EAST, OF THE GILA AND 
SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA BEING MORE 
PARTICULARYL DESCRIBED AS FOLLOWS: 
 
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 42; 
THENCE SOUTH 89 DEGREES 18 MINUTES 45 SECONDS WEST 211.41 FEET 
ALONG THE SOUTH LINE OF SAID LOT 42, 
THENCE NORTH 00 DEGREES 38 MINUTES 27 SECONDS WEST 43.21 FEET TO 
THE POINT OF BEGINNING; 
THENCE SOUTH 89 DEGREES 18 MINUTES 45 SECONDS WEST 181.24 FEET; 
THENCE NORTH 00 DEGREES 24 MINUTES 59 SECONDS WEST 287.18 FEET TO 
THE NORTH LINE OF SAID LOT 42; 
THENCE NORTH 89 DEGREES 19 MINUTES 29 SECONDS EAST 180.11 FEET 
ALONG SAID NORTH LINE; 
THENCE SOUTH 00 DEGREES 36 MINUTES 04 SECONDS EAST 287.13 FEET TO 
THE POINT OF BEGINNING.