Attachment A - Draft Ordinance - Z-89-22-2.pdf
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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-89-22-2) FROM R1-14 (ONE-FAMILY
RESIDENCE) TO R1-6 (SINGLE-FAMILY RESIDENCE
DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 3.92-acre property located approximately
140 feet north of the northeast corner of 34th Street and Tierra Buena Lane in a portion
of Section 1, Township 3 North, Range 3 East, as described more specifically in Exhibit
“A,” is hereby changed from “R1-14” (One-Family Residence), to “R1-6” (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 site plan date
stamped February 22, 2023, with specific regard to the open space provided, as
modified by the following stipulations and as approved by the Planning and
Development Department.
2.
The maximum building height shall be 1-story and 16 feet, measured to the peak
of the roof.
3.
Improved open space areas shall be shaded by a structure, landscaping at
maturity, or a combination of the two to provide minimum 75% shade, as shown
on a shading study, as approved by the Planning and Development Department.
4.
Landscape areas within retention areas and open space areas shall be planted
with shrubs, accents and vegetative groundcovers to provide a minimum of 75%
live coverage at maturity, as approved by the Planning and Development
Department.
5.
A minimum of two shaded active recreation amenities, such as a tot lot, picnic
area, seating feature, garden amenity, or similar amenity, shall be provided
within the open space area, as approved by the Planning and Development
Department.
6.
A minimum of five bicycle parking spaces shall be provided through Inverted U
and/or artistic racks located near improved open space areas and installed per
the requirements of Section 1307.H. of the Phoenix Zoning Ordinance, as
approved by the Planning and Development Department. Artistic racks shall
adhere to the City of Phoenix Preferred Designs in Appendix K of the
Comprehensive Bicycle Master Plan.
7.
The perimeter landscape setback adjacent to the public street shall be planted to
the following standards, as approved by the Planning and Development
Department.
a. Minimum 50% 2-inch caliper and 50% 3-inch caliper, large canopy,
drought-tolerant shade trees, planted 20 feet on center or in equivalent
groupings.
b. Shrubs, accents, and vegetative groundcovers to provide a minimum of
75% live coverage at maturity.
8.
The developer shall construct a minimum 5-foot-wide detached sidewalk and a
minimum 5-foot-wide landscape strip between the back of curb and sidewalk
along the east side of 34th Street, planted to the following standards and as
approved by the Planning and Development Department.
a. Minimum 2-inch caliper drought-tolerant, large canopy, single-trunk
shade trees planted 20 feet on center or in equivalent groupings.
b. Drought-tolerant shrubs, accents and vegetative groundcovers to
achieve a minimum of 75% 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.
9.
The developer shall dedicate a sidewalk easement for any streetscape area
(detached sidewalk and landscape strip) that falls outside of dedicated right-of-
way along the east side of 34th Street, as approved by the Planning and
Development Department.
10.
The developer shall construct a minimum 5-foot-wide detached sidewalk and a
minimum 5-foot-wide landscape strip between the back of curb and sidewalk for
internal public and/or private sidewalks within the development, including along
the perimeter of Tract B and Tract C, as depicted on the site plan date stamped
December 20, 2022, planted to the following standards and as approved by the
Planning and Development Department.
a. Minimum 2-inch caliper drought-tolerant, large canopy, single-trunk
shade trees planted 20 feet on center or in equivalent groupings.
b. Drought tolerant shrubs, accents, and vegetative groundcovers to
achieve a minimum of 75% 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.
11.
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.
12.
A Red Border Letter shall be submitted to the Arizona Department of
Transportation (ADOT) for this development.
13.
The property owner shall record documents that disclose the existence, and
operational characteristics of the 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.
14.
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.
15.
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 3rd 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
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN PHOENIX, IN THE
COUNTY OF MARICOPA, STATE OF ARIZONA, AND IS DESCRIBED AS FOLLOWS:
That part of the North Half of the Southwest Quarter of the Northeast Quarter of the
Southwest Quarter of Section 1, Township 3 North, Range 3 East of the Gila and Salt
River Meridian, Maricopa County, Arizona, more particularly described as follows:
COMMENCING at the Northwest Corner of said North Half of the Southwest Quarter of
the Northeast Quarter of the Southwest Quarter of Section 1, being the Southwest
Corner of the Villa Addante Subdivision shown on the Final Plat, recorded in Book 301
of Maps, Page 3, Maricopa County Records, found, marked with a Brass Cap flush with
the pavement;
Thence South 89 degrees 36 minutes 03 seconds East South 89 degrees 14 minutes
35 seconds East (Record), along the Northerly line of said North Half of the Southwest
Quarter of the Northeast Quarter of the Southwest Quarter of Section 1, being the
Southerly line of said Villa Addante Subdivision, a distance of 275.00 feet to the POINT
OF BEGINNING;
Thence continuing South 89 degrees 36 minutes 03 seconds East South 89 degrees 14
minutes 35 seconds East (Record) along said line, a distance of 385.43 feet to the
Northeast Corner of said North Half of the Southwest Quarter of the Northeast Quarter
of the Southwest Quarter of Section 1, being a Northwesterly Corner of the Bella Terra
Subdivision shown on the Final Plat, recorded in Book 200 of Maps, Page 12, Maricopa
County Records;
Thence South 00 degrees 40 minutes 46 seconds East South 00 degrees 28 minutes
32 seconds East (Record), departing said Northerly line and along the East line of said
North Half of the Southwest Quarter of the Northeast Quarter of the Southwest Quarter
of Section 1, also being the Westerly line of said Bella Terra Subdivision, a distance of
327.05 feet to the Southeast Corner of said North Half of the Southwest Quarter of the
Northeast Corner of the Southwest Quarter of Section 1, being a Northwesterly Corner
of said Bella Terra Subdivision;
Thence North 89 degrees 40 minutes 41 seconds West North 89 degrees 27 minutes
46 seconds West (Record), along the South line of said North Half of the Southwest
Quarter of the Northeast Quarter of the Southwest Quarter of Section 1, also being the
Northerly line of said Bella Terra Subdivision, a distance of 635.44 feet to a point on a
line which is parallel with and 25 feet Easterly, as measured at right angles, from the
West line of said North Half of the Southwest Quarter of the Northeast Quarter of the
Southwest Quarter of Section 1, being a Northwesterly Corner of said Bella Terra
Subdivision;
Thence North 00 degrees 40 minutes 34 seconds West, along said parallel line, a
distance of 160.02 feet to a point on a line which is parallel with an 160 feet Northerly,
as measured at right angles, from said South line of the North Half of the Southwest
Quarter of the Northeast Quarter of the Southwest Quarter of Section 01 and Northerly
line of said Terra Bella Subdivision;
Thence South 89 degrees 40 minutes 41 seconds East, along said parallel line, a
distance of 246.85 feet;
Thence North 00 degrees 23 minutes 57 seconds East, departing said parallel line, a
distance of 167.51 feet to the POINT OF BEGINNING.
APN: 214-35-011C