Attachment A - Draft Ordinance - Z-77-21-7.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-77-21-7) FROM PUD (PLANNED UNIT 
DEVELOPMENT) 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 39.69-acre site located at the southeast 
corner of 75th Avenue and Broadway Road in a portion of Section 25, Township 1 
North, Range 1 East, as described more specifically in Exhibit “A,” is hereby changed 
from “PUD” (Planned Unit Development), 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. 
Lots with a rear lot line along the eastern perimeter of the site shall be a 
minimum of 140 feet in depth. 
 
 
2. 
A minimum 15-foot-wide landscape setback shall be provided along the eastern 
perimeter property line(s), as approved by the Planning and Development 
Department. 
 
 
3. 
A minimum 30-foot-wide landscape setback shall be provided along the 
western perimeter property line(s) along the 75th Avenue alignment, as 
approved by the Planning and Development Department. 
 
 
4. 
A minimum 10-foot-wide, average 15-foot, landscape setback shall be provided 
along the south perimeter property line(s) abutting the State Route (SR) 30 
freeway, planted with large evergreen trees to provide a minimum 30-foot 
vertical screen at maturity, as approved by the Planning and Development 
Department. 
 
 
5. 
The required landscape setbacks shall be planted with minimum 75 percent 2-
inch caliper and 25 percent 3-inch caliper large canopy drought-tolerant trees, 
20 feet on center or in equivalent groupings, and five 5-gallon shrubs per tree, 
as approved by the Planning and Development Department. Except that 
landscaping along arterial streets shall conform with the Estrella Village Arterial 
Street Landscaping Program landscape palette and landscaping standards in 
the Estrella Village, as approved by the Planning and Development 
Department. Where utility conflicts exist, the developer shall work with the 
Planning and Development Department on alternative design solutions 
consistent with a pedestrian environment. 
 
 
6. 
Residential lots shall be a minimum 150 feet from the south perimeter property 
line abutting the State Route (SR) 30 freeway alignment, as approved by the 
Planning and Development Department. 
 
 
7. 
A perimeter wall no less than 6 feet in height shall be provided along the south 
perimeter of the site adjacent to the State Route (SR) 30 freeway alignment. 
This wall shall include material and textural differences, such as stucco and/or 
split face block with a decorative element, such as tile or stamped designs, as 
approved by the Planning and Development Department. 
 
 
8. 
An open space area shall be provided directly across the vehicular entrance 
from Broadway Road into the development, as approved by the Planning and 
Development Department.

9. 
All sidewalks within the development shall be detached with a minimum five-
foot-wide landscaped strip located between the sidewalk and back of curb and 
shall include minimum 2-inch caliper single trunk shade trees planted at a rate 
of one tree per lot or a minimum of 20 feet on center or equivalent groupings 
where adjacent to open space areas, as modified and approved by the 
Planning and Development Department. Where utility conflicts exist, the 
developer shall work with the Planning and Development Department on 
alternative design solutions consistent with a pedestrian environment. 
 
 
10. 
The sidewalk along Broadway Road shall be a minimum of five feet in width 
and detached from the curb, consistent with the City of Phoenix Street 
Classification Map and planted to the following standards, as approved by the 
Planning and Development Department. 
 
 
 
a. 
Drought tolerant vegetation to achieve 75 percent live coverage at 
maturity. 
 
 
 
 
b. 
The landscape palette and planting standards, unless otherwise provided 
herein, shall conform with the Estrella Village Arterial Street Landscaping 
Program requirements for arterial streets. 
 
 
 
Where utility conflicts exist, the developer shall work with the Planning and 
Development Department on alternative design solutions consistent with a 
pedestrian environment. 
 
 
11. 
The developer shall dedicate a multi-use trail easement (MUTE) along the east 
side of the 75th Avenue alignment in accordance with the MAG supplemental 
detail, as approved by the Planning and Development Department. The 
developer shall work with the Site Planning section on an alternate design for 
this requirement through the technical appeal process. 
 
 
12. 
The developer shall construct one bus stop pad on this site on eastbound 
Broadway Road. The bus stop pad shall be constructed according to City of 
Phoenix Standard Detail P1260 with a minimum depth of 10 feet and shall be 
spaced from the intersection of 75th Avenue according to City of Phoenix 
Standard Detail P1258. 
 
 
13. 
The developer shall dedicate minimum 55 feet of right-of-way and construct the 
south side of Broadway Road, as approved by the Planning and Development 
Department. 
 
 
14. 
The developer shall construct a minimum 14-foot-wide landscaped median 
along Broadway Road, as approved by the Street Transportation Department. 
 
 
15. 
Access control to Broadway Road shall meet current Street Transportation

Planning and Design Guidelines. 
 
 
16. 
The developer shall dedicate a tract for the east side of 75th Avenue of 
sufficient width necessary to accommodate a City “D” Section Arterial Roadway 
for the purposes of conditional right-of-way for the future 75th Avenue 
alignment, as approved by the Planning and Development Department. 
 
 
17. 
Access to existing MCDOT roadways shall require approval from Maricopa 
County. 
 
 
18. 
The developer shall submit a Traffic Impact Statement (TIS) to the City and 
MCDOT for this development. No preliminary approval of plans shall be granted 
until the study is reviewed and approved by the City and MCDOT. The TIS shall 
include signal warrant analysis for the intersection of 75th Avenue and 
Broadway. Prior to final site plan approval, the applicant will contribute 25-
percent to the traffic signal at 75th Avenue and Broadway Road to the 
appropriate jurisdiction. 
 
 
19. 
The developer shall underground all existing electrical utilities within the City 
public right-of-way that are impacted or must be relocated as part of the project. 
 
 
20. 
Existing irrigation facilities along Broadway Road are to be undergrounded and 
relocated outside of City right-of-way. Contact SRP to identify existing land 
rights and establish 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. 
 
 
21. 
The developer shall construct all City 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.  Adjacent street improvements 
shall apply to Broadway Road only. All improvements shall comply with all ADA 
accessibility standards. 
 
 
22. 
Prior to final site plan approval, the property owner shall record documents that 
disclose to purchasers of property within the development the existence and 
operational characteristics of existing mining operations in the area. The form 
and content of such documents shall be reviewed by the City prior to 
recordation. 
 
 
23. 
Prior to final site plan approval, the property owner shall record documents that 
disclose to purchasers of property within the development the existence and 
operational characteristics of agricultural uses. These documents must advise 
purchasers that, under Section 3-112(E), Arizona Revised Statutes, the City of 
Phoenix may not declare an agricultural operation conducted on farmland to be 
a nuisance if the agricultural use is lawful, customary, reasonable, safe and

necessary to the agriculture industry. The form and content of such documents 
shall be reviewed and approved by the City prior to recordation. 
 
 
24. 
Prior to final site plan approval, the property owner shall record documents that 
disclose to purchasers of property within the development the preferred 
alignment and operational characteristics of the State Route 30 or SR-30 
freeway. The form and content of such documents shall be reviewed by the City 
prior to recordation. 
 
 
25. 
If determined necessary by the Phoenix Archeology 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 Archeologist prior to 
clearing and grubbing, landscape salvage, and/or grading approval. 
 
 
26. 
If Phase I data testing is required, and if, upon review of the results from Phase 
I data testing, the City Archeologist, in consultation with a qualified archeologist, 
determines such data recovery excavations are necessary, the applicant shall 
conduct Phase II archeological data recovery excavations. 
 
 
27. 
In the event archeological 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 Archeologist, and allow time for the 
Archeology Office to properly assess the materials. 
 
 
28. 
Prior to preliminary site plan approval, the landowner shall execute a 
Proposition 207 Waiver of Claims forms. 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 June, 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 (2 Pages) 
B – Ordinance Location Map (1 Page)

EXHIBIT A 
 
LEGAL DESCRIPTION FOR Z-77-21-7 
 
 
PORTION OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 1 
NORTH, RANGE 1 EAST OF THE GILA AND SALT RIVER MERIDIAN, MORE 
PARTICULARLY DESCRIBED AS FOLLOWS: 
 
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 25, BEING 
MARKED BY A BRASS CAP IN A HANDHOLE, FROM WHICH THE WEST QUARTER 
CORNER OF SAID SECTION 25, BEING MARKED BY HALF INCH REBAR BEARS 
SOUTH 02 DEGREES 09 MINUTES 44 SECONDS EAST, 3022.99 FEET; 
 
THENCE NORTH 89 DEGREES 58 MINUTES 41 SECONDS EAST, ALONG THE 
NORTH LINE OF SAID NORTHWEST QUARTER, 52.05 FEET TO THE POINT OF 
BEGINNING; 
 
THENCE NORTH 89 DEGREES 58 MINUTES 41 SECONDS EAST, ALONG SAID 
NORTH LINE, 1270.39 FEET; 
 
THENCE DEPARTING SAID NORTH LINE, SOUTH 00 DEGREES 08 MINUTES 17 
SECONDS WEST, 1710.19 FEET TO THE NORTH LINE OF THE "NEW STATE 
CANAL", AS SHOWN IN BK. 124, PG. 22, MARICOPA COUNTY RECORDS, (M.C.R.); 
 
THENCE NORTH 48 DEGREES 55 MINUTES 30 SECONDS WEST, ALONG SAID 
NORTH LINE, 79.21 FEET; 
 
THENCE CONTINUING ALONG SAID NORTH LINE, NORTH 58 DEGREES 23 
MINUTES 30 SECONDS WEST, 554.08 FEET; 
 
THENCE CONTINUING ALONG SAID NORTH LINE, NORTH 61 DEGREES 58 
MINUTES 30 SECONDS WEST, 145.06 FEET; 
 
THENCE CONTINUING ALONG SAID NORTH LINE, NORTH 69 DEGREES 12 
MINUTES 30 SECONDS WEST, 196.95 FEET; 
 
THENCE CONTINUING ALONG SAID NORTH LINE, NORTH 78 DEGREES 20 
MINUTES 30 SECONDS WEST, 205.96 FEET; 
 
THENCE CONTINUING ALONG SAID NORTH LINE, SOUTH 87 DEGREES 30 
MINUTES 30 SECONDS WEST, 213.66 FEET TO THE EAST RIGHT-OF-WAY LINE 
OF 75TH AVENUE, AS SHOWN IN DOCUMENT 2005-0246047, M.C.R.; 
 
THENCE DEPARTING SAID NORTH LINE, NORTH 01 DEGREES 30 MINUTES 02 
SECONDS WEST, ALONG SAID EAST RIGHT-OF-WAY LINE, 957.67 FEET;

THENCE CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE, NORTH 09 
DEGREES 44 MINUTES 58 SECONDS EAST, 71.59 FEET; 
 
THENCE CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE, NORTH 02 
DEGREES 09 MINUTES 43 SECONDS WEST, 117.04 FEET; 
 
THENCE CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE, NORTH 89 
DEGREES 58 MINUTES 55 SECONDS EAST, 12.00 FEET; 
 
THENCE CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE, NORTH 02 
DEGREES 09 MINUTES 43 SECONDS WEST, 12.01 FEET; 
 
THENCE DEPARTING SAID EAST RIGHT-OF WAY LINE, NORTH 02 DEGREES 09 
MINUTES 43 SECONDS WEST, 40.03 FEET TO SAID POINT OF BEGINNING; 
 
SAID PARCEL CONTAINS 1,735,219 SQUARE FEET OR 39.8351 ACRES, MORE OR 
LESS.