Attachment A - Draft Ordinance - Z-68-19-1.pdf

City of Phoenix — Formal (2020-06-24)

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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.