Attachment A - Draft Ordinance - Z-56-23-7.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-56-23-7) FROM COUNTY RU-43 (PENDING S-
1) (ONE ACRE PER DWELLING UNIT, PENDING RANCH OR
FARM RESIDENCE DISTRICT) 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 18.96-acre site located at the southwest
corner of the 78th Avenue and Alta Vista Road alignments in a portion of Section 35,
Township 1 North, Range 1 East, as described more specifically in Exhibit “A,” is hereby
changed from “County RU-43 (Pending S-1)” (One Acre Per Dwelling Unit, Pending
Ranch or Farm Residence District) 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.
All building elevations shall contain architectural features that reflect modern
farmhouse architecture including, but not limited to, detailing such as pitched
roofs, variation in window size, overhang canopies and exterior accent
materials such as board and batten siding, shiplap paneling, brick veneer,
wooden shudders, and carriage style garage doors, as approved by the
Planning and Development Department.
2.
The conceptual elevations and landscape plan shall be reviewed and approved
by the Planning Hearing Officer through the public hearing process for
stipulation modification prior to preliminary site plan approval. 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.
3.
The maximum density shall be 5.0 dwelling units per acre.
4.
The minimum lot width shall be 50 feet, for lots 1 through 19, as depicted on
the site plan date stamped December 20, 2023 and as approved by the
Planning and Development Department.
5.
A minimum of 18% of the gross site area shall be retained as open space.
6.
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.
7.
A minimum of 10% of the required shrubs, shall be a milkweed or other native
nectar species, and shall be planted in groups of three or more, as approved
by the Planning and Development Department.
8.
A minimum of two green infrastructure (GI) techniques for stormwater
management shall be implemented per the Greater Phoenix Metro Green
Infrastructure and Low Impact Development Details for Alternative Stormwater
Management, as approved or modified by the Planning and Development
Department.
9.
Prior to final site plan approval, the property owner shall record documents that
disclose to purchasers of property or tenants within the development(s) the
existence and operational characteristics of nearby existing ranchettes and
animal privilege 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 prior to recordation. This disclosure shall
also be provided in the leasing documents in a section titled “nuisances”.
10.
A minimum 50-foot of right-of-way shall be dedicated for all local public streets
within the development.
11.
All street improvements to Alta Vista Road and 78th Avenue 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
concurrently with the Preliminary Site Plan submittal.
12.
A shared-use-path easement shall be dedicated and constructed on the
northwest portion of the property, as approved by the Parks and Recreation
and Planning and Development Departments.
13.
Pedestrian connections from the subdivision to the Salt River and the shared-
use-path, consisting of an enhanced treatment of decorative pavement and
landscaping to a gated access point, shall be constructed as approved by the
Planning and Development Department.
14.
All streets within and adjacent to the development shall be constructed 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.
15.
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.
16.
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.
17.
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.
18.
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.
19.
Building height shall be limited to one story and 20 feet for lots 3, 4, 6, 7, and 9
through 12, as depicted on the site plan date stamped December 20, 2023 and
as approved by the Planning and Development Department.
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-56-23-7
That part of the Southwest quarter of the Northeast quarter of Section 35, Township 1
North, Range 1 East, G&SRB&M, Maricopa County, Arizona described as follows:
BEGINNING at the Northwest lot corner common to Lots 28 and 351, LAVEEN FARMS-
UNIT 4, according to the plat of record in the office of the County Recorder of Maricopa
County, Arizona, in Book 931 of Maps at page 47, said corner also being the Southeast
corner of said Southwest quarter of the Northeast quarter of Section 35, said corner
also being a point common to the areas annexed by City of Phoenix ordinances G-3835
and G-4196;
thence Westerly along the North line of said area annexed by ordinance G-3835 also
being South line of said Northeast quarter of Section 35 to the Southwest corner of the
East half of the West half of said Southwest quarter of the Northeast quarter of Section
35;
thence, departing said ordinance boundary, Northerly along the West line of said East
half to the Northwest corner thereof;
thence Easterly along the North line of said East half to the Northeast corner thereof;
thence Southerly along the East line of said East half to the North line of the South 600
of the East half of said Southwest quarter of the Northeast quarter of Section 35;
thence Easterly along last said North line to the East line of said Southwest quarter of
the Northeast quarter of Section 35 and the West line of the area annexed by said
ordinance G-4196;
thence Southerly along last said East line and last said West ordinance line to the
POINT OF BEGINNING.
Area = 18.972 Acres
Area = 0.0296 Sq. Miles