Attachment A - Draft Ordinance - Z-3-21-1.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 ORDINANCE BY CHANGING THE ZONING DISTRICT 
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN 
(CASE Z-3-21-1) FROM RE-43 DVAO (ONE-FAMILY RESIDENCE 
DISTRICT, DEER VALLEY AIRPORT OVERLAY) TO R-3 DVAO 
(MULTIFAMILY RESIDENCE DISTRICT, DEER VALLEY 
AIRPORT OVERLAY).  
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 20.72-acre site located approximately 825 
feet south of the southwest corner of 23rd Avenue and Pinnacle Peak Road in a portion 
of Section 13, Township 4 North, Range 2 East, as described more specifically in 
Exhibit “A”, is hereby changed from “RE-43 DVAO” (One-Family Residence District, 
Deer Valley Airport Overlay) to “R-3 DVAO” (Multifamily Residence District, Deer Valley 
Airport Overlay). 
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 maximum building height shall be 30 feet. 
 
 
2. 
The development shall be limited to 297 units. 
 
 
3. 
The development shall be in general conformance with the elevations date 
stamped March 24, 2021, as modified by the following stipulations and 
approved by the Planning and Development Department.   
 
 
4. 
An enhanced landscaped entry shall be provided at the main entryway into the 
development off of 23rd Avenue with a minimum 300 square feet of landscaped 
area on each side of the entrance. The landscaped entries shall be planted and 
maintained with a variety of at least three different plant materials, as approved 
by the Planning and Development Department. 
 
 
5. 
A minimum landscape setback of 25 feet shall be required along the west 
property line along the Interstate 17 (I-17) frontage road and shall include 
minimum 3-inch caliper large canopy shade trees planted a minimum of 20 feet 
on center or in equivalent groupings, as approved by the Planning and 
Development Department. 
 
 
6. 
There shall be a minimum of four private open space amenity areas, three of 
which shall be centrally located. A minimum of 6 percent of the area shall be 
preserved as open space exclusive of landscape setbacks. Each area shall 
provide, at a minimum, one of the following amenity elements or other similar 
elements, as approved by the Planning and Development Department:  
 
 
 
 Swimming Pool 
 
 
 
 Fire Pit 
 
 
 
 Pavilion or Ramada  
 
 
 
 Dog park  
 
 
7. 
The perimeter pedestrian pathway shall be provided as depicted on the site 
plan date stamped March 24, 2021 and shall reflect a common landscaping 
theme and include a minimum of three-inch caliper shade trees placed 20 feet 
on center exclusive of driveway/roadway crossings, as approved by the 
Planning and Development Department.

8. 
Where pedestrian pathways cross drive aisles, the pathway shall be 
constructed of decorative pavers, stamped or colored concrete, or another 
material, other than those used to pave parking surfaces and drive aisles, as 
approved by the Planning and Development Department. 
 
 
9. 
Clearly defined, accessible pedestrian pathways shall be provided to connect 
building entrances, public sidewalks, and bus stops, using the most direct route 
for pedestrians, as approved by the Planning and Development Department. 
 
 
10. 
Perimeter walls shall incorporate stone veneer, stonework, integral color CMU 
block, split face block or faux stone, as approved by the Planning and 
Development Department. 
 
 
11. 
A minimum 5-foot-wide detached sidewalk shall be provided along 23rd 
Avenue with a minimum 13-foot-wide landscape area located between the 
sidewalk and back of curb and planted to the following standards, as approved 
by the Planning and Development Department. 
 
 
 
a. 
Minimum 3-inch caliper large canopy, single-trunk, shade trees placed a 
minimum of 25 feet on center or in equivalent groupings to provide a 
minimum of 75 percent shade on the adjacent sidewalk. 
 
 
 
b. 
Drought tolerant shrubs and vegetative groundcovers with a maximum 
mature height of 24 inches to provide a minimum of 75% live coverage 
at maturity. 
 
 
12. 
Structural or vegetative shade shall be provided for every 8 parking spaces, as 
approved by the Planning and Development Department.  
 
 
13. 
The developer shall provide secured bicycle parking provide parking per 
Section 1307 of the City of Phoenix Zoning Ordinance. In addition, a minimum 
of eight inverted U-bicycle racks shall be provided for guests located near the 
club house/leasing office and installed per the requirements of Section 1307.H. 
of the Zoning Ordinance, as approved by the Planning and Development 
Department. 
 
 
14. 
The developer shall dedicate minimum 50 feet of right-of-way and construct the 
west half of 23rd Avenue for the full limits of the project, per Cross Section D 
standards identified on the City of Phoenix Street Classification Map, as 
approved by the Planning and Development Department. 
 
 
15. 
In compliance with the Complete Streets Ordinance, the developer shall submit 
a signing and striping plan to include an extension of the bike lane for the full 
limits of the project frontage. 
 
 
16. 
A Red Border Letter shall be processed for this development, as approved by 
the Street Transportation Department.

17. 
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. 
 
 
18. 
The developer must file FAA Form 7460 and provide City FAA’s no hazard 
determination prior to construction permit approval, as per plans approved by 
the Planning and Development Department. 
 
 
19. 
The developer shall grant and record an avigation easement to the City of 
Phoenix Aviation Department for the site, per the content and form prescribed 
by the City Attorney prior to final site plan approval. 
 
 
20. 
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. 
 
 
21. 
Prior to issuance of a final certificate of occupancy, the developer must install a 
sign (approximately 8 inches by 11 inches in size) within the development's 
sales/leasing office that is visible to prospective renters or purchases which 
discloses the proximity of the Deer Valley Airport and increased frequency of 
overflight and related aircraft noise, as approved by the Aviation Department. 
 
 
22. 
The indoor noise levels shall not exceed a decibel day night-level (DNL) of 45 
decibels and that along with the building plans submitted for Phoenix Building 
Construction Code compliance review to the Planning and Development 
Department there shall be a sealed and signed analysis by an engineer 
licensed in Arizona with a proficiency in residential sound mitigation or noise 
control. The engineer shall note in the analysis that the building design is 
capable of achieving the required Noise Level Reduction. 
 
 
23. 
Noise mitigation walls shall be provided along the western boundary of the 
development. The wall height shall be determined through a noise analysis 
prepared and sealed by a registered professional engineer. The walls shall 
contain no openings unless they are above the minimum height required for 
adequate noise mitigation or for drainage. The walls shall wrap around to the 
north and south property lines and shall continue for at least 90 feet, as 
approved by the Planning and Development Department. A wall detail sealed 
by a registered professional engineer, demonstrating that the walls will reduce 
noise to 65 Decibels or lower shall be submitted prior to preliminary site plan 
approval. 
 
 
24. 
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.  
 
 
25. 
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. 
 
 
26. 
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. 
 
 
27. 
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 2nd day of June, 2021. 
 
 
________________________________ 
 
 
 
       MAYOR  
 
ATTEST: 
 
 
____________________________City Clerk 
 
 
APPROVED AS TO FORM: 
 
____________________________City Attorney 
 
 
 
REVIEWED BY:  
 
____________________________City Manager

Exhibits: 
A – Legal Description (1 Page) 
B – Ordinance Location Map (1 Page)

EXHIBIT A 
 
LEGAL DESCRIPTION FOR Z-3-21-1 
 
THAT PORTION OF THE NORTH HALF OF THE NORTH HALF OF THE 
NORTHWEST QUARTER (N½ N½ NW ¼) LYING EAST OF THE MEDIAN 
CENTERLINE OF BLACK CANYON HIGHWAY, INTERSTATE 17.  SAID 
CENTERLINE BEING DESCRIBED AS FOLLOWS:  FROM A POINT ON THE NORTH 
LINE OF SAID SECTION, 1715.05 FEET WESTERLY OF THE NORTH QUARTER 
CORNER THEREOF, PROCEED SOUTH 9° 57’ 34” EAST TO A POINT OF 
TERMINATION ON THE SOUTH LINE OF SAID NORTH HALF OF THE NORTH HALF 
OF THE NORTHWEST QUARTER (N½ N½ NW ¼) OF SECTION 13, TOWNSHIP 4 
NORTH, RANGE 2 EAST, GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, 
ARIZONA.