Attachment A - Draft Ordinance - Z-68-19-1.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 ORDINANCE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN
(CASE Z-68-19-1) FROM S-1 (RANCH OR FARM RESIDENCE
DISTRICT) TO RE-35 (SINGLE-FAMILY RESIDENCE DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 10.04-acre site located on the northeast
corner of 47th Avenue and Pinnacle Peak Road in a portion of Section 9, Township 4
North, Range 2 East, as described more specifically in Exhibit “A”, is hereby changed
from “S-1” (Ranch or Farm Residence District) to “RE-35” (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 subject to Single-Family Design Review for individual
lots prior to the issuance of building permits for each lot, with the additional
following requirements, as approved by the Planning and Development
Department:
a)
That building materials and colors shall express a desert character and
shall blend with, rather than strongly contrast with the desert environment.
b)
The area between the front building line and the front property line, excluding
areas necessary for access, shall be landscaped with a minimum of three,
two-inch caliper or greater, drought resistant accent trees; and a minimum
of five, five-gallon or greater, drought resistant shrubs per tree. A minimum
of two of the trees shall be planted in close proximity to the sidewalk to
maximize shade for pedestrians.
2.
The development shall not exceed 8 residential lots.
3.
The perimeter wall adjacent to Pinnacle Peak Road and the detention basin to the
east shall be painted prior to any single-family building permit issuance. Colors
shall express a desert character and shall blend with, rather than strongly contrast
with the desert environment, as approved by the Planning and Development
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 developer shall record a Notice to Prospective Purchasers of Proximity to
Airport in order to disclose the existence and operational characteristics of
Phoenix Deer Valley Airport (DVT) to future owners or tenants of the property as
approved by the Aviation Department.
6.
Prior to permit issuance, the property owner shall record documents that disclose
to purchasers of property within the development the existence and operational
characteristics of agricultural and equestrian uses. The form and content of such
documents shall be reviewed and approved by the City Attorney.
7.
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.
8.
Prior to preliminary site plan approval, the landowner shall execute a Proposition
207 waiver of claims in a form approved by the City Attorney's Office. 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 24th day of June,
2020.
________________________________
MAYOR
ATTEST:
____________________________City Clerk
APPROVED AS TO FORM:
____________________________City Attorney
REVIEWED BY:
____________________________City Manager
Exhibits:
A – Legal Description (2 Pages)
B – Ordinance Location Map (1 Page)
EXHIBIT A
LEGAL DESCRIPTION FOR Z-68-19-1
LOT 65 – 23641 N. 47th Ave.
A portion of the West half of the West half of the Southwest quarter of the Southeast
quarter, (jW2W2SW4SE4) of Section 9, Township 4 North, Range 2 East of the Gila
and Salt River Base and Meridian Maricopa County, Arizona. Said portion is more
particularly described as follows:
Lot 65, SADDLEBACK MEADOWS UNIT SEVEN, according to the plat of record in the
office of the Maricopa County Recorder, in Book 160 of Maps, Page 31 and per
Warranty Deed recorded at Docket 11043, Page 408, of said Maricopa County
Recorder.
LOT 66 – 23629 N. 47th Ave.
A portion of the West half of the West half of the Southwest quarter of the Southeast
quarter, (jW2W2SW4SE4) of Section 9, Township 4 North, Range 2 East of the Gila
and Salt River Base and Meridian Maricopa County, Arizona. Said portion is more
particularly described as follows:
Lot 66, SADDLEBACK MEADOWS UNIT SEVEN, according to the plat of record in the
office of the Maricopa County Recorder, in Book 160 of Maps, Page 31 and per
Warranty Deed recorded at Docket 11043, Page 408, of said Maricopa County
Recorder.
LOT 67 – 23617 N. 47th Ave.
A portion of the West half of the West half of the Southwest quarter of the Southeast
quarter, (jW2W2SW4SE4) of Section 9, Township 4 North, Range 2 East of the Gila
and Salt River Base and Meridian Maricopa County, Arizona. Said portion is more
particularly described as follows:
Lot 67, SADDLEBACK MEADOWS UNIT SEVEN, according to the plat of record in the
office of the Maricopa County Recorder, in Book 160 of Maps, Page 31 and per
Warranty Deed recorded at Docket 11043, Page 408, of said Maricopa County
Recorder.
LOT 68 – 23605 N. 47th Ave.
A portion of the West half of the West half of the Southwest quarter of the Southeast
quarter, (jW2W2SW4SE4) of Section 9, Township 4 North, Range 2 East of the Gila
and Salt River Base and Meridian Maricopa County, Arizona. Said portion is more
particularly described as follows:
Lot 68, SADDLEBACK MEADOWS UNIT SEVEN, according to the plat of record in the
office of the Maricopa County Recorder, in Book 160 of Maps, Page 31 and per
Warranty Deed recorded at Docket 11043, Page 408, of said Maricopa County
Recorder.
LOT 69 – 23447 N. 47th Ave.
A portion of the West half of the West half of the Southwest quarter of the Southeast
quarter, (jW2W2SW4SE4) of Section 9, Township 4 North, Range 2 East of the Gila
and Salt River Base and Meridian Maricopa County, Arizona. Said portion is more
particularly described as follows:
Lot 69, SADDLEBACK MEADOWS UNIT SEVEN, according to the plat of record in the
office of the Maricopa County Recorder, in Book 160 of Maps, Page 31 and per
Warranty Deed recorded at Docket 11043, Page 408, of said Maricopa County
Recorder.
LOT 70 – 23435 N. 47th Ave.
A portion of the West half of the West half of the Southwest quarter of the Southeast
quarter, (jW2W2SW4SE4) of Section 9, Township 4 North, Range 2 East of the Gila
and Salt River Base and Meridian Maricopa County, Arizona. Said portion is more
particularly described as follows:
Lot 70, SADDLEBACK MEADOWS UNIT SEVEN, according to the plat of record in the
office of the Maricopa County Recorder, in Book 160 of Maps, Page 31 and per
Warranty Deed recorded at Docket 11043, Page 408, of said Maricopa County
Recorder.
LOT 71 – 23423 N. 47th Ave.
A portion of the West half of the West half of the Southwest quarter of the Southeast
quarter, (jW2W2SW4SE4) of Section 9, Township 4 North, Range 2 East of the Gila
and Salt River Base and Meridian Maricopa County, Arizona. Said portion is more
particularly described as follows:
Lot 71, SADDLEBACK MEADOWS UNIT SEVEN, according to the plat of record in the
office of the Maricopa County Recorder, in Book 160 of Maps, Page 31 and per
Warranty Deed recorded at Docket 11043, Page 408, of said Maricopa County
Recorder.
LOT 72 – 23411 N. 47th Ave.
A portion of the West half of the West half of the Southwest quarter of the Southeast
quarter, (jW2W2SW4SE4) of Section 9, Township 4 North, Range 2 East of the Gila
and Salt River Base and Meridian Maricopa County, Arizona. Said portion is more
particularly described as follows:
Lot 72, SADDLEBACK MEADOWS UNIT SEVEN, according to the plat of record in the
office of the Maricopa County Recorder, in Book 160 of Maps, Page 31 and per
Warranty Deed recorded at Docket 11043, Page 408, of said Maricopa County
Recorder.