Attachment A - Draft Ordinance - Z-74-22-8.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-74-22-8) FROM S-1 (RANCH OR FARM 
RESIDENCE) 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 9.78-acre site located approximately 340 feet 
north of the northwest corner of 27th Avenue and Baseline Road in a portion of Section 
35, Township 1 North, Range 2 East, as described more specifically in Exhibit “A,” is 
hereby changed from “S-1” (Ranch or Farm Residence), 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. 
The maximum density for the project shall not exceed 17 lots. 
 
 
2. 
A minimum 22-foot garage setback for front-loaded garages, measured from 
the back of sidewalk, shall be provided for each home in the development, as 
approved by the Planning and Development Department.  
 
 
3. 
The conceptual building elevations, landscape plan, wall plan, and signage for 
monument and entryway shall be reviewed and approved by the Planning 
Hearing Officer through the public hearing process, including review by the 
Laveen Village Planning Committee, for stipulation modification prior to 
preliminary site plan approval, with specific regard to the following elements. 
This is a legislative review for conceptual purposes only. Specific development 
standards and requirements may be determined by the Planning Hearing 
Officer and the Planning and Development Department. 
 
 
 
a. The elevations shall incorporate four-sided architecture, and exterior accent 
materials, detailing, and color palette, with a modern farmhouse design, 
that conveys a sense of continuity throughout the development. 
 
 
4. 
Partial view fencing, which may include solid columns up to 24 inches in width, 
shall be utilized where walls are proposed adjacent to the open space and trail 
to the west, as approved by Planning and Development Department.  
 
 
5. 
Project entry/exit drives shall incorporate enhanced landscaping with a variety 
of at least three plant materials, with a minimum landscape area of 250 square 
feet, as approved by the Planning and Development Department.  
 
 
6. 
All street improvements outside of Phoenix City limits along 27th Avenue shall 
be reviewed and approved by Maricopa County.  
 
 
7. 
The developer shall construct a minimum 6-foot-wide detached sidewalk with a 
minimum 10-foot-wide landscape strip located between the back of curb and 
sidewalk along the west side of 27th Avenue, planted to the following 
standards, and as approved by the Planning and Development Department and 
Maricopa County Department of Transportation.  
 
 
 
 
a. Minimum 2-inch caliper single-trunk, large canopy, drought-tolerant shade 
trees, planted 20 feet on center or equivalent groupings, to provide a 
minimum of 75% shade, at maturity. Shade calculations shall be based on 
summer solstice at noon as shown on a shading exhibit. 
 
  
 
b. Drought tolerant shrubs, accents, and vegetative groundcovers to provide a

minimum of 75% live coverage, at maturity. 
 
 
 
Where utility conflicts exist, the developer shall work with the Planning and 
Development Department and Maricopa County Department of Transportation 
on an alternative design solution consistent with a pedestrian environment. 
 
 
8. 
The developer shall dedicate a minimum of 25 feet of right-of-way for the south 
half of Ellis Street, as approved by the Planning and Development Department. 
 
 
9. 
The developer shall dedicate a minimum of 50-feet of right-of-way for all local 
public streets within the development, as approved by the Planning and 
Development Department.   
 
 
10. 
The developer shall construct all streets within and adjacent to the 
development with paving, curb, gutter, detached sidewalks, 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.   
 
 
11. 
The property owner shall record documents that disclose the existence, and 
operational characteristics of the City of Phoenix Sky Harbor International 
Airport (PHX) 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. 
 
 
12. 
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, animal privilege 
private properties and rodeo private properties that may cause adverse noise, 
odors, dust, and other externalities. The form and content of such documents 
shall be reviewed and approved by the City Attorney. Additionally, the 
disclosures shall be noted in the CC&Rs in a section titled “nuisances”.  
 
 
13. 
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. 
 
 
14. 
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. 
 
 
15. 
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. 
 
 
16. 
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 5th day of April, 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 (1 Page) 
B – Ordinance Location Map (1 Page)

EXHIBIT A 
 
The North half of the South half of the Southeast quarter of the Southeast quarter of 
Section 35, Township One North, Range Two East of the Gila and Salt River Base and 
Meridian: 
EXCEPT the East 55 feet for roadway.