Attachment A - Draft Ordinance - Z-61-23-2.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-61-23-2) FROM R1-10 (SINGLE-FAMILY 
RESIDENCE DISTRICT) TO PUD (PLANNED UNIT 
DEVELOPMENT). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 4.35-acre site located at the northwest 
corner of 53rd Street and Dynamite Boulevard in a portion of Section 29, Township 5 
North, Range 4 East, as described more specifically in Exhibit “A,” is hereby changed 
from “R1-10” (Single-Family Residence District) to “PUD” (Planned Unit Development). 
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. 
An updated Development Narrative for The Villas of Cave Creek Senior Living 
PUD reflecting the changes approved through this request shall be submitted to 
the Planning and Development Department within 30 days of City Council 
approval of this request.  The updated Development Narrative shall be consistent 
with the Development Narrative date stamped November 17, 2023, as modified 
by the following stipulations: 
a. 
Front cover: Revise the submittal date information to add the following: 
City Council adopted: [Add adoption date]. 
2. 
A total of 70 feet of right-of-way shall be dedicated for the north half of Dynamite 
Boulevard or as approved by Maricopa County. 
3. 
All street improvements to Dynamite Boulevard and 53rd Street are outside of 
Phoenix City Limits and shall be reviewed and approved by Maricopa County.  
Documentation of the county review and approval shall be provided prior to 
Preliminary Site Plan approval. 
4. 
A total of 40 feet of right-of-way shall be dedicated for the east half of 52nd 
Street. 
5. 
All streets within and adjacent to the development shall be constructed with 
paving, curb, gutter, sidewalk, curb ramps, streetlights, landscaping and other 
incidentals, as per plans approved by the Planning and Development 
Department. All improvements shall comply with all ADA accessibility standards. 
6. 
The site is located within a Special Flood Hazard Area (SFHA) called a Zone AE 
and Zone AE floodway on panel 1301M of the Flood Insurance Rate Maps 
(FIRM) revised July 20, 2021. The following requirements shall apply, as 
approved by the Planning and Development Department: 
a. 
The Architect/Engineer is required to show the floodplain boundary limits 
on the Grading and Drainage plan and ensure that impacts to the 
proposed facilities have been considered, following the National Flood 
Insurance Program (NFIP) Regulations (44 CFR Paragraph 60.3).  This 
includes, but is not limited to, provisions in the latest versions of the 
Floodplain Ordinance of the Phoenix City Code. 
b. 
A copy of the Grading and Drainage Plan needs to be submitted to the 
Floodplain Management section of the Office of the City Engineer for 
review and approval of Floodplain requirements.

c. 
FEMA approved CLOMR-F or CLOMR is required prior to issuance of a 
Grading and Drainage permit.   
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 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 7th day of February, 
2024.  
 
 
 
 
________________________________ 
 
 
 
       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 
 
LEGAL DESCRIPTION FOR Z-61-23-2 
 
Lots 1 thru 15 and Tracts A thru D, Final Plat for 53rd St. & Dynamite, according to the 
plat of record in Book 1488 of Maps, page 31, recorded in the office of the County 
Recorder of Maricopa County, Arizona. 
 
A portion of the SE Corner of Section 29, Township 5 North, Range 4 East, of the Gila 
and Salt River Base and Meridian, Maricopa County, Arizona.